Having a criminal record not only reduces the number of employment opportunities presented to an individual, but a criminal record can also negatively affect voting rights, the ability to own, possess, or carry a firearm, adopt or foster a child, or find suitable housing. The Pennsylvania Constitution provides a mechanism to eradicate a person’s criminal records through a bureaucratic process for those who would otherwise be ineligible for expungement. That process is called clemency, otherwise known as a Governor’s Pardon. A pardon is forgiveness for a prior crime that restores a person’s rights through the eradication of a person’s criminal history. It is important to note that a state pardon request (Pennsylvania specific) is reviewed by the Pennsylvania Board of Pardons, then finally by the Governor of the state. Federal crimes and federal pardon requests are reviewed by the President of the United States and are reviewed as part of a separate process.
What are the eligibility requirements for a Pennsylvania Governor’s Pardon?
To be eligible for a pardon, you must have a criminal record where your sentence (incarceration, probation, or parole) has concluded and your fines, costs, restitution, and supervision fees are paid in full. To have the best chance at a pardon, it is recommended that you maintain a crime-free lifestyle for at least a couple of years before applying for a pardon. There is no mandatory timeline and there is no limitation on the number of convictions for which a person may apply for a pardon, but as a matter of practice, the longer you can go crime-free, the better. When applying for a pardon, it is important to note that the Board of Pardons will consider several factors including, but not limited to, the nature and number of crimes committed, if there is a victim, the impact on the victim, the requested need for the pardon, whether you have had any police contact, and the period between each crime and the last crime to the present day.
What is the pardon process?
First, you will need to obtain your court documents from the county of your crime and conviction. Next, you must complete a pardon application and apply , along with your court records, to the Board of Pardons. Once your application is submitted, the Board of Pardons will review and investigate to determine whether you should receive a Public Hearing. If you are approved for a Public Hearing, you will appear in front of the Board of Pardons, at which time they will ask questions and allow testimony before voting on whether to recommend you for a pardon. You need a majority vote for your case to be sent to the Governor. If you are recommended for a pardon, the Governor will have the ultimate say as to whether your pardon is approved or denied. If approved, your case is sent back to the trial court level for expungement (meaning removal from your record).
How long does a pardon take?
The pardon process is not a quick one. Each step is time-consuming, and the entire process can take anywhere from two to four years (with deviations). For example, if you have one non-violent offense from a decade ago, it may be a quicker review than that of a person with multiple crimes or violence. Additionally, there is a newly established program for individuals with non-violent minor offenses with a limited record, including possession of a small amount of marijuana, which can be processed on an expedited basis.
What happens if my pardon application is denied?
Unfortunately, you will likely never know the reasoning behind a denial. However, the information listed above gives a general insight as to what the Board of Pardons is considering. If your application is denied, you are not barred from reapplying. You must wait one year before reapplying after a denial and two years after any subsequent denial.
