Who Is Eligible for a Pardon in Pennsylvania?

A pardon is a powerful tool that can offer a fresh start, clearing one's criminal record of a past conviction. In Pennsylvania, obtaining a pardon is a multi-step process that involves meeting specific eligibility criteria, completing a thorough application, and awaiting review. If you or someone you know in Pennsylvania is considering pursuing a pardon, our latest blog post can walk you through the process, ensuring you're informed at every stage.

Understanding the Concept of a Pardon in Pennsylvania

Before you begin the application process, it's important to grasp the significance of a pardon in Pennsylvania. This legal act by the Governor signifies forgiveness for a crime. It also acknowledges the petitioner's exemplary behavior following the conviction, indicating that they have been rehabilitated and have contributed to their community. A Pennsylvania pardon is not a statement of innocence but rather a recognition of the petitioner's growth and positive impact.

Who Is Eligible for a Pardon in PA?

To be eligible for a pardon in Pennsylvania, an individual must meet certain criteria. The Pennsylvania Board of Pardons reviews applications and considers the following conditions:

• Waiting Period – There is a waiting period before an individual can apply for a pardon from the date of their sentencing. This period varies based on the offense and ranges from 5 to 10 years for felonies and 3 years for misdemeanors. It's essential to check the specific waiting period for the offense in question.
• Good Conduct – During the waiting period, the petitioner must demonstrate good conduct. This includes maintaining a clean record, being employed, and contributing to society through volunteer work or community service.
• Nature of the Offense – The nature of the crime committed is a critical factor in determining eligibility. Pardons in Pennsylvania are generally reserved for offenses that do not involve violence and where the petitioner has exhibited a significant pattern of good behavior.

If these conditions are met, the individual is likely to be deemed eligible to apply for a pardon.

Steps to Apply for a Pardon

The application process for a pardon in Pennsylvania is quite involved and requires thorough preparation. Here are the steps you'll need to take:

• Obtain the Pardon Application Forms – The first step is to acquire the appropriate forms from the Pennsylvania Board of Pardons. These forms can be downloaded online or obtained by mail from the Board's office.
• Gather Required Documents – You'll need to gather a variety of documents to support your application, including a recent criminal record, character references, and a personal statement about why you are seeking a pardon and how it will benefit you and the community.
• Prepare Your Case – Carefully craft your application by providing detailed information about the conviction, your behavior since then, and your reasons for seeking a pardon. Thoroughness and honesty are key in preparing your case.
• Submit Your Application – Once your application is complete, you can submit it to the Pennsylvania Board of Pardons. It's highly recommended to mail your application using a method that provides tracking and confirmation of delivery.

What to Expect After Applying

After you've submitted your application, the review process begins. The Board of Pardons will assess your case and conduct an investigation, which may include interviewing you and your references. The length of the process can vary, but it's not unusual for it to take several months, if not longer.

The Review Process

The Board of Pardons consists of five members who review each case. If your application progresses to the next stage, you will be scheduled for a public hearing.

The Public Hearing

At the public hearing, you will have the opportunity to speak about your case and answer any questions from the Board members. This is an essential step where you can directly present your case and demonstrate your desire for a second chance.

The Decision

After the hearing, the Board members will deliberate and make a decision. If a pardon is granted, the Governor will sign it. If not, you will receive notification of the Board's decision and can reapply after a specified waiting period.

For more information about the pardon process in Pennsylvania, or to discuss your situation with our experienced criminal defense attorneys at Scaringi Law, give us a call at (717) 775-7195 or contact us online today to schedule a consultation.