Pennsylvania Pardon Frequently Asked Questions

Can I obtain an application for a pardon online?

No. The only way to obtain an application is directly from the Board of Pardons for a small fee. We will obtain the application for you and the cost is included in our fee.

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What is required in the application?

The application will include: a completed application form, a filing fee, a passport style photo, a copy of your criminal record, and any supplemental documents such as a personal statement or letters of recommendation.

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What happens after I file the application?

After filing the application, agents from the Pennsylvania Board of Probation and Parole will conduct an investigation into your case. This investigation includes investigating the facts of your case as well as your current situation. This could involve an interview with you at your home. After the investigation is complete, the Board will vote on whether to grant a hearing.

If a hearing is granted, you will be provided 15 minutes (for non-capital cases) to make a presentation in support of your application. Any parties objecting will also receive 15 minutes for their presentation. You must get a majority of the Board to vote in favor of granting the pardon. If the Board votes in your favor, it is then sent to the Governor for approval.

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How long does the process take?

Due to the increase in the number of background checks conducted by employers since 9/11, the Board of Pardons caseload has nearly tripled. Currently, it is taking between 2 ½ and 3 years from the time an application is submitted until the Board members merit review the application to determine if a hearing will be granted.

If a hearing is granted, it will be heard at the next scheduled session. At this hearing, the Board will either recommend the Governor grant the pardon or the Board will deny the pardon. If your application is recommended to the Governor, there is no time frame for the Governor to act on your case.

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Can my pardon application be expedited?

The Secretary is unable to expedite the application of any particular applicant to the Board. It is first come first served. Every applicant has a compelling need for clemency and The Board cannot engage in prioritizing those needs by moving one applicant ahead of another. Therefore, the sooner you begin the application process the sooner the Board will make a decision on your case.

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What does a pardon do?

A pardon relieves any legal disability resulting from a conviction. These disabilities include, but are not limited to: The right to vote (only incarcerated felons suffer this disability in Pennsylvania) The right to be a juror The right to hold a public office The right to bear arms The opportunity to serve in the military The right to obtain/carry a firearm The right to travel internationally

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Will my record be cleared if I’m granted a pardon?

No, a pardon does not remove, expunge, or clear the conviction from your criminal record, but it does make you eligible to have your record expunged.

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How can I get my recorded cleared?

The only way to remove the pardoned conviction is to file a petition for expungement in the court where the conviction occurred.

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Do I ever have to disclose my conviction if I receive a pardon?

No. After you receive a pardon, you can say that you were never convicted of that crime. The Supreme Court of Pennsylvania in Commonwealth of Pennsylvania v. Sutley, 378 A.2d 780 (Pa. 1977) held that a pardon is defined as "the exercise of the sovereign's prerogative of mercy. It completely frees the offender from the control of the state. It not only exempts him from further punishment but relieves him from all the legal disabilities resulting from his conviction It blots out the very existence of his guilt, so that, in the eye of the law, he is thereafter as innocent as if he had never committed the offense."

It is recommended, though, that such a denial be explained as based on the existence of a pardon. Also, once a conviction has been pardoned, it is eligible to be judicially expunged. After it is expunged from your record, you can legally deny it as though it never happened.

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Can I become a schoolteacher, nurse, or other occupation?

Pennsylvania law specifically prohibits state agencies from considering any conviction that has been pardoned in deciding whether to issue a license, certificate, or registration.

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Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) obtain the application material for you and assist in the completion of the application (2) make sure it is done right the first time so it does not get rejected or cost you months or years of delay (3) send an attorney to the hearing to aid in the presentation if need be and (4) write letters to potential employers letting them know that the application to receive a pardon has been filed and you are working to remove it from your record.

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Do I ever have to appear to receive a pardon?

Yes, if you are granted a hearing you will be required to attend to make a presentation, with our assistance, in support of your application. The hearing will be held in the Supreme Court Courtroom in Harrisburg, PA.

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How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks you the questions that appear on the application as well as additional questions that will influence the outcome of the application and allow us to make sure the important information is presented on your application. Although some of the questions seem simple, if you provide more information and detail in your answers then we are better able to present to the Board and the Governor that they should grant your pardon.

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How long does the process take?

Currently, the time period from filing an application with the Board of Pardons to the time they merit review the application to determine if a hearing will be granted is up to 2 ½ - 3 years. If you are granted a hearing, it will be held at the next scheduled session. If after the hearing, the Board recommends granting you a pardon, it will be passed on to the Governor. There is no time limit in which the Governor must act on your case.

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Can it be done faster?

The Board of Pardons work on a first come, first serve basis. The Secretary is unable to expedite the application of any particular applicant to the Board. Therefore, the sooner you begin the application process the sooner the Board will make a decision on your case. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have filed an application and are in the process of seeking a pardon.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a username and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the application with the Board we will update the notes when we hear a response from the Board.
As mentioned above, this is typically a very lengthy process, as we wait for the Board to merit review your application. If something is taking longer than usual, we will call to obtain the status of the application and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings. Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

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Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.

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What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your criminal records (which are required by the Board of Pardons) and to review what can be done in terms of seeking a pardon and/or to determine if you are eligible for expungement. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

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What happens after my case is pardoned?

You will be legally forgiven for your crime. The Board notifies all interested parties after they receive notice of the Governor’s decision. State agencies may no longer consider your conviction for any reason. That conviction also becomes eligible for judicial expungement. After this is granted, the general public will no longer have access to the records.

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What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. We can submit a request for reconsideration if there has been a change in circumstances since the filing of the application or for other compelling reasons. If not, the only option is to refile after 12 months has passed from the final adverse decision.

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What is the main reason that a pardon is denied?

It may be impossible to know what the determining factor was for a denial by either the Board or Governor.

The Board has released a list of factors that have been used in the past by the Board in evaluating pardon applications. The factors they have used to make their decisions include but are not limited to: (1) the seriousness and number of the crime(s) committed, (2) the length of time that has elapsed since the commission of the crime, (3) the presence of a specific need for a pardon, such as a particular job, (4) completion of all court requirements, including payment of all fines, and (5) the impact of your crime on the victims of the offense.

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Will it relieve me of the requirement to register?

Yes. If you are pardoned for the crime that required you to register as a sex offender, your obligation to register terminates when you receive the pardon.

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Can I vote after this?

In Pennsylvania, a person can register to vote the moment he is released from incarceration. You lose your right to serve on a jury if you have ever been convicted of a crime punishable by more than 1 year prison. This right is restored through a governor’s pardon. You lose your right to hold public office (elected/appointed office) if you’ve been convicted of embezzlement of public money, bribery, perjury or "other infamous crime" (any felony basically), this, too, is restored through a governor’s pardon.

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Will it help with immigration?

Immigration authorities cannot rely solely on a conviction that has been pardoned for the purpose of deporting you from the country. However, immigration authorities will always want to know about your past arrests and convictions, whether or not they have been pardoned. Thus, it would be more beneficial to be upfront about them than conceal them and then have them be discovered later.

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Can I clear my federal conviction?

A person can apply for a pardon through the President for a federal conviction. We do not handle federal cases.

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Will a pardon restore my right to own a firearm?

Yes, unless the pardon expressly states otherwise a pardon restores your right to own a firearm. The governor may place conditions on a pardon however, so if this is a concern for you, be sure to mention this from the beginning so we can ensure this is addressed in the application.

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Will it still show up on my background check?

A pardoned conviction will show up on background checks; however, a pardoned conviction is eligible to be expunged. Once expunged, all public agencies (such as the court, the prosecuting office, and the police agency or agencies involved) will seal your records. So that neither the arrest or conviction record will appear on your background check.

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