What is a Pennsylvania Pardon? Referenced by the constitution, a pardon is a procedure that the Pennsylvania governor’s board of pardons reviews the application for clemency.
Anyone who has a criminal conviction in Pennsylvania may apply for a pardon. If the pardon is granted, then the record may be expunged. As if it never happened, a pardon will erase the offense. It will not have to be disclosed on any job application or interview.
However, the likelihood of getting a pardon depends on certain factors and how the process is approached. It is essential first to understand the typical scenario in which pardons are granted. Most people given a pardon have been convicted of a minor crime 5 years ago or a major crime 10 years ago. The reason for the delay is that the ones reviewing your case want to know that you have stayed out of trouble for a reasonable amount of time.
Pardons In PA FAQS
Nearly any offense or combination of offenses can be pardoned. This procedure is more powerful than expungement, redaction, or record sealing – summary convictions can be pardoned and felony and misdemeanor convictions.
The PA Governor’s Board of Pardons will examine the nature of the charges. The reason for the charges, the time that has passed, what the person has done with their life since the charges if they accept responsibility for the conduct, and what hardships the person faces because of the criminal history.
That is up to the Board of Pardons. The majority of people who ultimately receive pardons have either been convicted of a minor crime at least five years ago or if it’s a more serious crime, 10 years or more.
It varies but typically takes several years, which is why you’ll want an experienced pardon attorney who knows the process inside and out. Ordering your complete criminal record from the Pennsylvania State Police can take up to six months. It can take another two to three months to gather all the documentation.
Once filed, the Board of Pardons can take up to 3 years from the time the application is submitted, even to review it and grant you a hearing.
Suppose the Board approves an application and makes a recommendation to the Governor for clemency. The decision to grant or deny a pardon is at the Governor’s sole discretion and can take as long as they want.
The process for clearing your record through the Pennsylvania Board of Pardons is a lengthy one, and you should be prepared to have a public hearing and your request for a pardon become part of the public record.
The Board of Pardons doesn’t require anything other than the request to be published in the newspaper of record. This information could revive former reports about the original incident. Typically, however, only an entry is made about the pardon request.
It does not need to be disclosed on any application or job interview.
The Pennsylvania Pardon Process
While the pardon process may seem straightforward, a considerable amount of work needs to be done for it even to stand a chance of being successful.
It can as your about to see, be very time-consuming. It may even take longer if the paperwork is filed incorrectly. Fortunately, we are here to help, so you don’t have to go through the process alone.
The First Step Is The Application
The first thing needed to start the process is the application. Each application is unique and assigned to a specific case number, and so filing for an application requires a bit of preparation and planning. A letter will be sent upon completion, notifying them of the status of the application. If something is missing, the pardons office will send a letter stating what is missing and that the application won’t be filled until the information is received.
The Second Step The Background Investigation
The Board of Pardons will notify the Pennsylvania Board of Probation and Parole of Pardons. When the application is filed, and an agent will be assigned to the case. The agent will request a meeting with you and will investigate all the facts surrounding the criminal conviction. A host of material documents will also be asked for by the agent. If you fail to comply with the agent, your application will be withdrawn before getting to the review panel.
The Third Step Is Notifications
At least two of the five members on the Board of Pardons must vote in favor of it, and three if the applicant is serving life or currently serving time for a crime of violence. And if granted, the following parties are notified.
- Applicants and their representatives
- The Board of Probation and Parole
- The District Attorney of the County where the conviction was obtained
- The President Judge of the County where the conviction was obtained
- The Department of Corrections (if the applicant is incarcerated)
- Victims and/or survivors
- The newspaper of record in the County where the conviction was obtained (newspaper publication of the pardon application is required for a hearing to be held)
The Fourth Step Is The Hearing
Once a date has been set, and everybody has been notified of the hearing. Then the hearing will be held in Harrisburg, where the Supreme Court Room is located.
You will have just 15 minutes to present your case to the Board of Pardons and answer questions if you are granted a hearing. This is the opportunity for you to explain the circumstances of your conviction. And describe how you have lived your life since the conviction, and present a character witness.
The process for the presentation will proceed in this order:
- Applicant’s presentation
- Witnesses who wish to speak in support of the application for clemency
- Witnesses who wish to speak against the application for clemency
The Fifth Step Is The Board Of Pardons Decision
After hearing the applicant’s testimony and reviewing the pardon application, the Board takes a vote determining who they think should receive a pardon.
The Board will weigh and consider several factors, including:
- The nature of the crimes (including if it was violent or non-violent)
- Why the crime occurred (circumstances that led to their commission)
- Whether the Petitioner accepts responsibility for the conduct
- The amount of time that has passed since the crimes
- The hardship created by the criminal history – education, licensing, occupational, clearances, etc
- How the Petitioner has contributed to society since the crime
The Board of Pardons members include Pennsylvania Lieutenant Governor, the Pennsylvania Attorney General, a corrections officer expert, a psychiatrist, and a victims rights advocate. They will convene in an executive session to consider the application. They will reconvene in public and cast votes after deliberation. Three members of the Board of Pardons must vote in favor of clemency for the pardon petition to be successful. A recommendation will be sent to the Governor for review.
The Sixth Step Is The Decision Of The Governor
The Governor has total discretion over whose pardon requests they grant once they receive the recommendation. The Governor has no time frame or constitutional mandate that states when they have to make their decision.
If the Pardon is granted, then an expungement petition can be filed in the County Courtroom to remove the offending history.
If the pardon is denied, the applicant has to wait 1 year after the vote has been cast before reapplying. And for the new application to be considered, there must be a change in circumstances, or another compelling reason must be demonstrated. If approved, the process begins again; if denied, the applicant must wait 2 years before applying for a third application.
Fortunately, you don’t have to go through the process alone. We can help.