Clearing a Criminal Record in Pennsylvania: An In-Depth Guide

Introduction

In Pennsylvania, having a criminal record can severely impact various aspects of your life, including employment, housing, education, and civil rights. However, Pennsylvania law provides mechanisms to mitigate these impacts: expungement and pardons. Both processes offer a pathway to reduce the collateral consequences of a criminal conviction, but they are distinct in their application, scope, and legal implications. This article will explore these two avenues in detail, providing a comprehensive understanding of the processes, eligibility criteria, statutory references, and potential outcomes. This guide presents an in-depth explanation for those seeking an advanced understanding of Pennsylvania’s criminal record-clearing processes.

I. Expungement in Pennsylvania

A. Definition and Legal Framework

Expungement is a legal process that allows certain criminal records to be erased or sealed, thereby removing the record from public view. Expungement does not, however, completely destroy the record, as it may still be accessible to certain entities, such as law enforcement and criminal justice agencies, under specific circumstances.

The statutory foundation for expungement in Pennsylvania is found in Title 18 of the Pennsylvania Consolidated Statutes (Pa.C.S.A.) § 9122. This statute outlines the conditions under which a criminal record may be expunged, the procedural requirements, and the scope of records eligible for expungement.

B. Eligibility Criteria

1. Non-Conviction Records:

   • Individuals who were arrested but not convicted of a crime may seek expungement. This includes cases where charges were withdrawn, dismissed, or where the defendant was acquitted. Under 18 Pa.C.S.A. § 9122(a), non-conviction records are eligible for expungement without further conditions, meaning that once the case is resolved favorably for the defendant, they may file for expungement immediately.

   
   

2. Summary Offenses:

   • Summary offenses, which are minor criminal offenses such as disorderly conduct or minor traffic violations, are eligible for expungement if five years have passed since the conviction, provided that the individual has not been arrested or prosecuted for any other offense during that period (18 Pa.C.S.A. § 9122(b)(3)).

   
   

3. Aged Individuals:

   • Pennsylvania law allows for the expungement of criminal records for individuals who are 70 years of age or older, provided they have been free of arrest or prosecution for ten years following their release from supervision (18 Pa.C.S.A. § 9122(b)(1)).

   
   

4. Deceased Individuals:

   • The records of a deceased person can be expunged under 18 Pa.C.S.A. § 9122(b)(2), upon the request of a representative or by court order.

1. Limited Access Orders:

   • For certain misdemeanor offenses, Pennsylvania provides for a process called "limited access," which is similar to expungement but does not completely erase the record. Instead, it restricts access to the record to criminal justice agencies, employers that require FBI background checks, and other specified entities. This is governed by 18 Pa.C.S.A. § 9122.1.

C. Expungement Procedure

1. Filing the Petition:

   • The expungement process begins with the filing of a petition in the Court of Common Pleas of the county where the charges were filed. The petition must include the specific information about the case, including the docket number, arresting agency, and the charges to be expunged. *

   
   

2. Court Review and Hearing:

   • Upon receiving the petition, the court will review the case. In some instances, a hearing may be scheduled where the petitioner must present their case for expungement. The District Attorney's office may object to the expungement, in which case the court will decide based on the arguments presented.

   
   

3. Court Order:

   • If the court grants the expungement, an order will be issued directing all relevant agencies, including law enforcement and courts, to destroy or seal the records. The petitioner must ensure that this order is served to all agencies holding records related to the case.

   
   

4. Notification and Record Destruction:

   • The final step involves notifying the Pennsylvania State Police and other relevant entities of the expungement. These agencies are then required to comply with the court order by sealing or destroying the records.

II. Pardons in Pennsylvania

A. Definition and Legal Framework

A pardon is a form of executive clemency that represents formal forgiveness for a crime. Unlike expungement, a pardon does not erase a criminal conviction from an individual's record; however, it can lead to an expungement of the conviction. Pardons are granted by the Governor of Pennsylvania and are generally intended for individuals who have demonstrated significant rehabilitation and good conduct over a substantial period of time.

The statutory authority for pardons in Pennsylvania is found in Title 61 of the Pennsylvania Consolidated Statutes (Pa.C.S.A.) § 6102. This section outlines the power of the Board of Pardons and the Governor's authority to grant pardons.

B. Eligibility Criteria

1. Completion of Sentence:

   • An individual seeking a pardon must have completed all terms of their sentence, including incarceration, probation, and parole. This completion is a prerequisite for pardon eligibility.

   
   

2. Waiting Period:

   • While there is no mandatory waiting period prescribed by statute, the Board of Pardons generally expects individuals to have maintained a clean record for several years post-conviction before applying for a pardon. The specific duration can vary depending on the nature of the offense and the individual's subsequent conduct.

   
   

3. Demonstration of Rehabilitation:

   • Applicants must provide evidence of their rehabilitation and good character. This may include employment records, community service, character references, and any other documentation that supports the individual's reformation and positive contributions to society.

   
   

4. Restoration of Rights:

   • A pardon can restore various civil rights that may have been forfeited due to the conviction, including the right to vote, serve on a jury, hold public office, and possess firearms. However, a separate petition may be required to restore firearm rights specifically, depending on the nature of the offense.

C. Pardon Procedure

1. Application Submission:

   • The pardon process begins with the submission of an application to the Pennsylvania Board of Pardons. The application must be detailed, including information about the conviction, the applicant's life since the conviction, and reasons for seeking a pardon.

   
   

2. Investigation and Review:

   • Once the application is submitted, the Board of Pardons conducts a thorough investigation, which includes reviewing the applicant's criminal history, interviewing the applicant, and gathering input from victims, law enforcement, and other relevant parties.

   
   

3. Board of Pardons Hearing:

   • The Board of Pardons holds a public hearing where the applicant can present their case for a pardon. The hearing is an opportunity for the applicant to explain their rehabilitation and the reasons why a pardon should be granted. Victims and law enforcement may also provide testimony at this hearing.

1. Board Recommendation:

   • After the hearing, the Board of Pardons votes on whether to recommend the pardon to the Governor. A majority vote is required for the recommendation to proceed to the Governor's desk.

   
   

2. Governor's Decision:

   • The final decision to grant or deny a pardon rests with the Governor of Pennsylvania. If the pardon is granted, the Governor will issue a pardon certificate.

   
   

3. Post-Pardon Expungement:

   • After receiving a pardon, the individual must petition the court to have their record expunged. While the pardon clears the way for expungement, the individual must still go through the court process to have the conviction removed from public records.

III. Federal Pardons

A. Definition and Legal Framework

Federal pardons differ from state pardons in that they are granted by the President of the United States and apply only to federal crimes. A federal pardon does more than restore rights; it effectively erases the conviction from federal records, making it as though the conviction never occurred.

The statutory basis for federal pardons is rooted in Article II, Section 2 of the U.S. Constitution, which grants the President the power to "grant Reprieves and Pardons for Offenses against the United States."

B. Eligibility Criteria

1. Federal Convictions Only:

   • Only individuals convicted of federal crimes are eligible for a presidential pardon. This includes crimes prosecuted by U.S. Attorneys in federal courts, but not state crimes.

   
   

2. Completion of Sentence:

   • Similar to state pardons, applicants must have completed all terms of their federal sentence, including probation or parole.

   
   

3. Demonstration of Good Conduct:

   • The Office of the Pardon Attorney, which processes federal pardon applications, expects applicants to demonstrate good conduct for at least five years after the completion of their sentence.

   
   

4. Restoration of Rights:

   • A federal pardon restores federal civil rights, such as the right to vote in federal elections, the right to hold federal office, and the right to serve on a federal jury.

C. Pardon Procedure

1. Application Submission:

   • Applications for a federal pardon are submitted to the Office of the Pardon Attorney, a division of the U.S. Department of Justice. The application must include detailed information about the conviction, the applicant’s life post-conviction, and reasons for seeking clemency.

   
   

2. Investigation and Review:

   • The Office of the Pardon Attorney conducts a thorough investigation, including a review of the applicant’s criminal history, interviews with relevant parties, and consideration of the applicant’s post-conviction conduct.

   
   

3. Presidential Decision:

   • After the investigation, the Office of the Pardon Attorney makes a recommendation to the President, who has sole discretion to grant or deny the pardon.

1. Effect of Pardon:

   • If granted, a presidential pardon is published in the Federal Register and becomes a matter of public record. The pardon will typically result in the expungement of the conviction from federal databases.

IV. Conclusion

For individuals in Pennsylvania with a criminal record, both expungement and pardons offer potential relief from the long-term consequences of a conviction. Expungement provides a way to seal certain records from public view, while a pardon can restore rights and, when followed by expungement, completely remove the conviction from public records. Federal crimes have a separate process, governed by the President's power to pardon, which can also lead to the erasure of federal convictions. Each process has specific eligibility criteria and procedural steps, rooted in state and federal law, that must be carefully navigated to achieve the desired outcome.

Legal professionals and scholars must pay close attention to the statutory requirements and procedural nuances involved in these processes to effectively guide clients through the complexities of clearing their criminal records in Pennsylvania or seeking federal relief.

For further information or to schedule a consultation, contact Moro & Moro, Attorneys at Law. Our experienced legal team is here to assist you with all your criminal defense needs in Pennsylvania.

*An example petition your attorney may present to the court and the type of information that will be required:

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