Currently, many serious convictions cannot be sealed under Clean Slate. You can check here to see if you are eligible for record sealing. If you are not eligible for Clean Slate, you can apply for a pardon. Recently, reforms have been passed that make it easier to apply.
What is a pardon?
A pardon is an act of clemency, or "forgiveness," that fully restores an individual's rights and makes them as innocent as they were before they were convicted. The Board of Pardons makes recommendations for who should get pardons that then must ultimately be approved by the Governor of Pennsylvania. After a pardon is granted, the conviction can be expunged. In Pennsylvania, a pardon is the only way that felony convictions and some more serious misdemeanor convictions can be cleared from criminal records.
Who can get a pardon?
Anyone with a criminal record is eligible for a pardon, as long as they have finished their sentence, including any probation time, and have paid their court fines and costs.
When should I apply?
You can start working on your application soon after your conviction, but you are more likely to be successful if you wait before sending it in. Most people who receive pardons have waited at least 5 years after finishing their sentence before applying.
A person with a less serious record (misdemeanor convictions or nonviolent felony convictions) may be successful after a shorter period, such as 5 years. Someone with a serious felony record should consider waiting a longer period, such as 10 years, before applying for a pardon.
It is never too late to ask for a pardon - if you have old convictions following you around, you may be a good candidate for a pardon.
What does a good pardon application look like?
The Board of Pardons will consider the following factors when they review your application:
- The nature of the conviction
- How much time has passed since the crime
- Whether you have taken responsibility for the conviction
- Problems that you've had as a result of your criminal record
- Attempts that you've made to turn your life around since the conviction
You should keep track of any successes, good deeds, and efforts you've made to improve yourself since the crime.
Make sure to provide thoughtful, detailed answers on the application and show that you take responsibility for the actions that led to your conviction.
How does the pardon process work?
A pardon is a much longer process than sealing or expungement, and the chance of getting a pardon is smaller. The entire process can take up to 5 years. However, the Board of Pardons has recently changed to the pardon process to make it easier to apply.
The first step in the pardon process is to apply by downloading the application online or requesting an application by mail. You can find instructions on how to do that here. Make sure you keep a copy of the application so you can reference it if you receive a hearing.
After you apply, there are several steps in the review process before a pardon is granted:
- The Board will file your application within a few months of receiving it.
- About two years later, you will get interviewed by a state patrol agent.
- Then, the Board will take a vote to decide if you will receive a hearing.
- If you are granted a hearing, you will present your case to the Board and answer questions in Harrisburg.
- If the Board votes in your favor, your application will be sent to the Governor of Pennsylvania.
- If the Governor grants the pardon, you will receive a signed document from him.
The final step in the pardon process is expungement. After you receive the signed document from the Governor, you should go to the Clerk of Court's office in the county where you were convicted and request to have the conviction expunged. It will take between 2 and 6 months for the courts and Pennsylvania State Police to expunge it.