Recently, Allegheny County has required that a new document called an "Affidavit of my Household" be filed with all custody complaints. This document is located here under Child Custody Forms as II-15.
This document requires a custody party to list all of the persons who live in they residence and whether they have been convicted, plead guilty, or plead no contest to a variety of crimes.
However, in Pennsylvania, it is possible to be adjudicatively placed into "ARD" following arrest for a DUI. ARD stands for Accelerated Rehabilitative Disposition. This is a pre-trial program designed to rehabilitate a Defendant who is a non-violent offender with a limited or non-existent prior record of arrest. An application for ARD, however, does not necessarily constitute an admission of guilt.
The Family Law Section of Allegheny County has clarified that entering ARD does not constitute a conviction, guilty plea, or no contest. So, an entry of ARD would result in an answer of "No" regarding prior crimes of driving under the influence.
Knowing all of the ins and outs of court procedure and minor technicalities such as this is the responsibility of an attorney. If you are filing for custody, consult with an attorney who can help ease this process and avoid potential problems.
