How to Get a Pardon of Your Conviction in Pennsylvania
A pardon is an act by the Governor of Pennsylvania that erases a conviction from your criminal record. In Pennsylvania, a pardon is generally the only way that convictions can be eliminated; convictions cannot be expunged by a court.
Although it is difficult to get a pardon, you should consider applying for one if you are having employment or other problems because of your criminal record. The process will take several years. It will cost $8.00 for an application, an additional $25.00 in filing fees, $10.00 to get a Pa. State Police record, and the cost of passport photos, copies of documents, and postage. But if you are successful, you can have a clean criminal record again.
Who Can Get a Pardon?
Anyone who has a criminal record may apply for a pardon. There are no definite standards for when a pardon will be given. But the majority of people who receive pardons have a record of only one minor offense that was committed at least five years ago.
The most common types of crimes to receive pardons include shoplifting and disorderly conduct. Typically, serious crimes are only pardoned if several decades have passed since the crime was committed. The longer that you have stayed out of trouble, the better your chances of getting a pardon.
You should avoid the temptation to apply for a pardon too soon. If you are denied, you will be required to wait a year before you can apply again.
For advice about how to prepare if it is too early for you to file for a pardon, click here.
How Do I Get Started on a Pardon Application?
The first step is to send a short letter to the Board of Pardons requesting an application for a hearing (see address below). With this letter, you must include a $8.00 money order, cashier’s check or certified check payable to the Commonwealth of Pennsylvania, and a self-addressed business size envelope with 61 cents of postage on it. Personal checks will not be accepted. Here is a letter to the Board that you can modify for your own use.
As the application’s instructions will explain, you will need to gather some information for your application. For instance, you will be required to order a special kind of record from the Pa. State Police. You will need to get five color passport size photos (they can be color photocopies of your driver's license photo).
You will also need to track down information such as the date of the crime, the place where you were tried, and the name of judge who presided over your trial and/or sentenced you. You must also list every time you were arrested and any citation you ever received. This information often can be gathered at your county courthouse. Although not required, you should also consider getting letters of reference and any documents that show positive changes in your life (such as diplomas or awards).
The application is several pages long and asks you a variety of questions. In addition to asking for general information about yourself, the application will ask for the name, address and telephone number of your employer. The Board will not call your employer, but wants to know if you are currently employed. If you are not, you need to state how you support yourself.
The most important questions on the application require you to discuss the specific details of the crime, your conduct since the crime was committed, and your explanation of why you should be pardoned. It is extremely important that you tell the Board that you accept responsibility for your acts which lead to the conviction. Explain your answers to these questions in as much detail as possible.
What Happens After I File My Pardon Application?
After you file the application, a state parole agent will interview you at your home, to collect information to determine whether you are "a responsible, contributing member of society." He or she will ask about who else lives with you and about your conduct since the crime was committed. You should be prepared to make points in your favor, such as any community service, military service or religious activities in which you have participated. The agent will also ask you personal questions, such as whether you are married and have children, where you work, and if you owe any loans. It is important that you cooperate with the agent. If the agent asks any questions that make you uncomfortable, please explain your concerns rather than refusing to cooperate. The agent will then prepare a report based on this interview.
At this point, your investigation report, any opinions that might be submitted by the local trial judge and district attorney, and your application are sent to the Board to be reviewed. It typically takes one year until the Board decides whether or not to grant you a public hearing. If the Board does not grant you a hearing, your application has been denied. If you are granted a hearing, it is held the next month, in Harrisburg. You will need to attend the hearing and speak for yourself to the Board.
The Board consists of five members: the Lt. Governor (the chair); the Attorney General; a victim representative; a corrections expert; and a psychologist. To get a hearing, generally at least two members of the Board must vote to grant you one. Hearings are open to the public and are only 15 minutes long. You do not need an attorney, but you can choose to be represented by an attorney or anyone else . You might want to take someone else to speak in your favor. The Board asks questions to determine if you are sorry for committing the crime and to make sure you will not commit another crime. You should tell the Board the problems that you are having as a result of your criminal record, such as your difficulty in finding a job.
If fewer than three of the five members of the Board recommend that you receive a pardon, your application is denied. But if at least three vote in your favor, then the Board’s recommendation that you receive a pardon will be sent to the Governor. The Governor has the final say, but he tends to follow the recommendation of the Board. Once the Board's recommendation is sent to the Governor, it can take up to a year for a final decision. If the Governor grants the pardon, you will receive a signed document from him.
The final step is to go to the clerk of court in the county where you committed the offense to request an expungement. Within two to six months, a judge will follow the Governor's order and expunge your criminal record. All records of your crime will be erased.
Can the Fees Be Waived?
You can try to get the Board to waive the $33.00 of its fees if you feel that you can not afford it, but this is almost never granted to people who are not currently in prison. To do this, your first letter to the Board should request what is called an "in forma pauperis" application. But you should make every effort to pay the filing fees, because the Board considers your financial situation in deciding to recommend a pardon.
How Can I Get More Information about Pardons?
You do not need a lawyer to help you with a pardon. However, it can be helpful to have some advocate who will give you feedback about your application.
Your local legal services program may be able to advise or represent you on your application. Click here for contacts.
In Philadelphia, X-Offenders for Community Empowerment has a monthly clinic called "Pardon Me." You can contact them through Wayne Jacobs, 2540 W. Hagert St., Philadelphia, PA 19132, or call Mr. Jacobs at 215-668-8477.
For information or an application, you can contact the Board of Pardons at the following address:
Board of Pardons
333 Market Street, 15th Floor
Harrisburg, PA 17126-0333
(717) 787-2596
Finally, for Nine Things that You Should Know about Pardons, click here
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