What is a Pennsylvania Pardon?
- In Pennsylvania, a Pardon provides the person pardoned with the Governor’s forgiveness from a crime for which they were convicted (including guilty pleas). It makes it as if the crime never occurred.
- Clemency is a Constitutional power by the Governor that forgives a person and terminates any outstanding penalty or sentence the person is still serving.
- Clemency differs from a pardon in that Clemency involves a jail sentence or person currently serving a jail sentence.
- A pardon does not expunge or seal a conviction.
- A successful Pardon will allow a person to file for an Expungement.
- Expungement is a formal process to remove a person’s criminal record.
Who is Eligible for a Pardon in Pennsylvania?
Anyone with a criminal record in the state of Pennsylvania is eligible to receive a pardon.
There is no specific time frame a person must wait before asking for a pardon. The Pardon Board considers the length of time between the conviction and the pardon.
The most successful candidates hold only minor offenses from longer than five years ago or more serious offenses from longer than 10 years ago.
Applicants with more than one criminal offense on their record are at a higher risk for rejection by the PA Board of Pardons.
What are the Advantages of a PA Pardon?
Obtaining a pardon in the state of Pennsylvania restores several valuable rights and privileges. This includes the ability to hold a state professional license, to travel internationally, to serve in the U.S. Military, to serve on a jury, to hold public office and in some cases to own or possess firearms.
In many instances a Pardon is only way that a person will be able to obtain a complete expungement of their criminal record.
How Does the Pardon Process Work in the State of Pennsylvania?
Obtaining a Pardon from the Governor is a threefold process in Pennsylvania.
First, a procedural application must be properly submitted to the Board of Pardons with corresponding copies sent to Probation and Parole, District Attorney, sentencing Judge/Presiding Judge, and if applicable, the Department of Corrections and victims in the county where the crime(s) originally occurred.
The Board of Pardons reviews all Applications for Clemency of felony and misdemeanor convictions. After review the Board will determine if sufficient circumstances exist to grant mercy. The Board consists of five members – the Lieutenant Governor, Attorney General, Criminal Justice Expert, Victim Advocate and Psychiatrist/Psychologist.
Second, a probation and parole investigator reviews the person’s application. The investigator will review the applicant’s residence, marital status, family composition, employment, resources, liabilities and debt, community reputation, evidence of community service and volunteer commitments. The investigation will also involve an interview with the person seeking the pardon.
Finally, if the application survives an initial denial, a public hearing follows, whereby the candidate must stand before the Board for a 15 minute question and answer interview. To proceed in favor of granting a Pardon, the Board must obtain a majority vote.
How Long Does the Process Take?
A Pennsylvania Pardon requires a substantial amount of paperwork that various public officials handle. We work diligently to ensure the appropriate paperwork is filed accurately and on time to expedite the process as quickly as possible. Although exceptions are certainly possible, the entire process can take 2-7 years. In 2019 we got a Pardon in a complex case after 7 years of waiting.
The Governor’s office has suggested that the process will move more quickly for Pardon applications filed in or after 2019. They suggested that the entire process would take one year from start to finish. Unfortunately, that is not what we have seen in practice. Hopefully they will manage to shorten the process in the near future.
What are the Advantages of Having an Attorney Handle my Pardon?
Although the candidate can legally do the Pardon Application process without an attorney, there are several reasons that going it alone is not advisable.
The application itself is complicated and providing the correct information (especially things that happened many years ago) presents many areas where a person unfamiliar with the process can make errors. Any mistakes in the application process however small can result in delay or even rejection by the Board of Pardons. There are also some tricks that inexperienced applicants will not see on their own. We have seen these tricks result in applicants voluntarily withdrawing their applications because of mistakes made on them.
Additionally, having an attorney who has experience in this area of the law can help with the person’s explanation and reasoning to request the pardon.
As a result, it is best to have your Application handled by an experienced and seasoned attorney, like one of ours at Fairlie & Lippy, P.C. We have substantial expertise in getting your Pennsylvania Pardon filed as quickly, thoroughly and efficiently as possible.
How Do I Get Started?
If you would like Fairlie & Lippy, P.C. to assist you in the pardon of your legal offense, please contact us for a free consultation. At that consultation, we will review your information and quote you a fee for our work.
