Will I Still Have a Criminal Record If I'm Pardoned in Pennsylvania?
Navigating the aftermath of a criminal conviction can be challenging, especially when it comes to understanding the impact on your record. One of the most common questions is: "Will I still have a criminal record if I'm pardoned?" With this guide, our pardon and expungement attorneys at Scaringi Law aim to provide clear and comprehensive answers to this question, along with actionable steps for those seeking a pardon.
How Do Pardons Work?
A pardon is an official act by a governor or president that forgives a criminal offense. It is a gesture of leniency meant to restore rights and offer relief from the penalties associated with a conviction. However, it’s important to understand exactly what a pardon does—and does not do—when it comes to your criminal record.
What a Pardon Does
A pardon forgives the crime, signaling that the individual has been forgiven for their offense. This can restore certain civil rights, such as the right to vote, hold public office, or serve on a jury.
Difference Between a Pardon, Expungement, and Record Sealing
- Pardon: As explained, it forgives the crime.
- Expungement: This is a legal process that completely removes the conviction from your record, as if it never occurred.
- Record Sealing: This restricts access to your criminal record, making it invisible to public background checks but still available to certain governmental agencies.
If I’m Pardoned for a Crime, Will That Crime Still Appear on My Criminal Record?
In Pennsylvania, receiving a gubernatorial pardon automatically qualifies a person for an expungement of the arrest record for which he or she was pardoned. So, once a person is pardoned, the person’s attorneys can petition the court of each county that has records of the person’s pardoned offenses, and the counties and law enforcement agencies then expunge those records.
Step-by-Step Guide on How to Apply for a Pardon
If you're considering applying for a pardon, you're likely wondering: where do I even begin? Below, we walk you through the step-by-step process, from determining your eligibility to submitting the final application. With careful preparation and a clear understanding of the requirements, you can increase your chances of a successful outcome.
Step 1: Determine Eligibility
- Check Pennsylvania’s (as well as the federal government’s) guidelines for pardon eligibility.
Step 2: Gather Required Documentation
- Obtain your criminal record.
- Collect letters of recommendation, proof of rehabilitation, and other supporting documents.
Step 3: Complete the Application
- Fill out the pardon application form thoroughly and accurately.
- Write a personal statement explaining why you are seeking a pardon and how your life has changed since the conviction.
Step 4: Submit Your Application
- Submit your application to the appropriate authority (governor or president).
- Be prepared for a lengthy review process, which can take several months or years.
Step 5: Attend a Hearing
- In some cases, you may be required to attend a hearing where you present your case before a board or committee.
How a Granted Pardon Can Affect Employment, Housing, and Other Aspects of Life
A granted pardon can act as a powerful tool, offering a fresh start and opening doors that were previously closed. Below, we'll delve into the positive impact a pardon can have on your life, exploring how it can improve your chances of getting hired, help you secure stable housing, and pave the way for a brighter future.
- Employment: A pardon can positively influence employers’ perceptions of you.
- Housing: Landlords may view a pardoned offense more favorably than an unpardoned one, potentially increasing your housing opportunities.
- Other Aspects: A pardon can restore civil rights, such as voting, owning firearms (in some cases), and eligibility for certain licenses.
A pardon opens doors to new opportunities and demonstrates your commitment to positive change. If you're considering applying for a pardon, start gathering your documentation and reach out to our legal professionals at Scaringi Law to guide you through the process.
To learn more about the pardon process in Pennsylvania, please contact Scaringi Law online or call (717) 775-7195 today to schedule an initial consultation with our pardon and expungement lawyers.