Rule 124 Waiver of Fees and Costs

Subdivision (a) is intended to establish a procedure to seek a waiver of fees and costs for indigent parties that would otherwise operate to impede access to the courts. See Pa. Const. art. I, § 11. The administrative costs and expenses for admission into an accelerated rehabilitative disposition program are subject to subdivision (a). See Pa.R.Crim.P. 300(D)(2)(a), Pa.R.Crim.P. 316(a)(2).

Fees, costs, or other financial assessments imposed as a result of conviction are excepted from this rule pursuant to subdivision (b) but may be reduced or waived pursuant to 42 Pa.C.S. § § 9721, 9730, Pa.R.Crim.P. 706, or other authority. Per subdivision (b), restitution, either as a condition of an accelerated rehabilitative disposition program or imposed as a result of a conviction, is not subject to subdivision (a).

Regarding a defendant’s ability to pay restitution and entrance into an accelerated rehabilitative disposition program, ‘‘the district attorney and the court must inquire into the reasons for the petitioner’s inability to pay restitution. If the petitioner shows a willingness to make a bona fide effort to pay whole or partial restitution, the State may not deny entrance to the ARD program.’’ Commonwealth v. Melnyk, 548 A.2d 266, 272 (Pa. Super. 1988).

Pennsylvania Rule of Judicial Administration 1990 (Application to Waive Fees and Costs) sets forth the procedure for seeking or obtaining a waiver of the payment of filing fees. The eligibility criteria at Pa.R.J.A. 1990(c) should inform the defendant whether to proceed by application or praecipe.

For an expungement, an application for a waiver or a praecipe of counsel should be filed at the same docket containing the records the defendant seeks to expunge.