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Clemency is the process by which the Governor grants mercy for a crime by erasing your conviction or reducing your prison or parole sentence. If you are convicted of a crime, you may apply for clemency to request forgiveness.
There are several key steps before your case is voted on. The Board of Pardons follows this process to ensure fair and unbiased treatment of all applicants. The steps include: Submitting your application. The Board of Pardons reviews and processes your application. The Department of Corrections investigates your case.
If you have been convicted of a crime, you may apply for clemency to request forgiveness or reduce the legal penalty or punishment. If the Governor grants you clemency, your conviction(s) will be expunged, or your sentence(s) may be reduced.
- I. Loss & Restoration of Civil/Firearms Rights
- II. Pardon Policy & Practice
- III. Expungement, Sealing & Other Record Relief
- IV. Criminal Record in Employment & Licensing
A. Civil rights
No person “confined in a penal institution” is eligible to vote. 25 P.S. §§ 2602(w), 3146.1.1 The right to vote is restored automatically upon release from prison. United States v. Essig, 10 F.3d 968 (3d Cir. 1993). The disability has been interpreted to apply only to persons convicted of a felony. 1974 Pa. Op. Att’y Gen. No. 47 (Sept. 11, 1974). 2 A person convicted of a crime punishable by imprisonment for more than one year is ineligible to serve as a juror unless pardoned. 42 Pa. Cons. St...
B. Firearms
The following crimes result in the loss of firearm rights: conviction of specified felony offenses (usually involving violence); drug crimes punishable by a term of imprisonment exceeding two years; three or more DUI offenses within a period of five years; domestic violence offenses; and additional specified criminal conduct. See 18 Pa. Cons. Stat. §§ 6105(a) through (c). Section 6105(d) provides that a disqualified person may obtain relief from a court in the person’s county of residence und...
A. Authority
Under the Pennsylvania Constitution, the governor has power to pardon, but he may not act except pursuant to a favorable recommendation from a majority of the Board of Pardons (unanimous in the case of life sentences). Pa. Const. art IV, § 9(a): [N]o pardon shall be granted, nor sentence commuted, except on the recommendation in writing of a majority of the Board of Pardons, and in the case of a sentence of death or life imprisonment, on the unanimous recommendation in writing of the Board of...
B. Administration
The Board of Pardons is composed of the lieutenant governor, who serves as chairman; the attorney general; and three members appointed by the governor for six-year terms with the approval of a majority of the members elected to the Senate. Pa. Const. art. IV, § 9(b). The three appointed members must consist of a corrections expert; a crime victim representative; and a doctor of medicine, psychiatrist or psychologist. Id.
C. Eligibility
There is no specified eligibility waiting period; even prisoners may apply. However, according to the BOP website, “the applicant should be able to demonstrate a reasonable period of time having elapsed since the crime (sufficient to show rehabilitation) and successful completion of all court-imposed requirements such as probation, parole, and payment of all fines and costs.” https://www.bop.pa.gov/application-process/Pages/Factors-Considered.aspx. As a practical matter, this means that non-v...
A. Sealing of convictions and non-convictions
In 2015 Pennsylvania for the first time authorized its courts to limit public access to misdemeanors and ungraded offenses through “orders for limited access.” In 2018, this court-ordered sealing authority was expanded, and additional authority made sealing automatic for certain misdemeanors and non-conviction records was enacted. In 2023, sealing by petition was for the first time extended to some minor felonies, extending relief to low-level drug offenses and non-violent property crimes, wi...
1. Sealing by petition of non-violent felonies
In 2023, Pennsylvania expanded the state’s petition-based sealing to include a limited number of low-level felonies, provided an individual has been conviction-free for at least 10 years. See HB 689. Under the 2023 law, the following felonies (aside from those in the first and second degree) may be eligible for limited-access relief: 1. 1.1. Offenses relating to criminal mischief, criminal trespass, theft, forgery, or food stamps fraud; and 1.2. Certain drug felonies defined as “qualifying of...
2. Sealing by petition of misdemeanors and ungraded offenses
A. 2016 sealing law: Effective November 14, 2016, courts were authorized to seal records of 2nd and 3rd degree misdemeanors and ungraded offenses carrying a penalty of no more than two years under an “order for limited access.” See 18 Pa. Cons. Stat. § 9122.1 (added by 2015 Pa. SB 166). (The styling of this relief was changed from “seal” to “limited access” in 2018. See below on the 2018 Clean Slate Act.) A 10-year conviction-free waiting period from conviction applied. § 9122.1(a)(1). Petiti...
Pennsylvania addresses consideration of conviction in licensure and both public and private employment through the Pennsylvania Criminal History Record Information Act, 18 Pa. Cons. Stat. §§ 9101 et seq. However, Pennsylvania’s law has no mechanism for administrative enforcement, so it can only be enforced through the courts. The Attorney General o...
Apr 4, 2022 · At a news conference at the Capitol in Harrisburg, several recipients of pardons joined them in calling for further action to streamline Pennsylvania's clemency system and broaden eligibility for deserving individuals.
Upon receipt of the $8.00 fee, you will be mailed an Application for Clemency, along with a complete set of instructions. Mailing Address: BOARD OF PARDONS. 333 Market Street, 15th Floor. Harrisburg, PA 1712615th Floor. Phone: 717-787-2596. Fax: 717-772-3135. How Much Does It Cost to Apply for a Pardon? More Information: Estimated Set Costs.
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Jul 1, 2024 · learn about which form to use, the application requirements, and the information you need to provide. apply by sending your completed form to the Office of the Pardon Attorney.
