How To In Pennsylvania, you can get a governor's pardon.
Old criminal convictions can make it hard for you to get a professional license, rent an apartment, or advance in your career.Getting a governor's pardon is the only way to clear your criminal record in Pennsylvania.Individuals with relatively minor convictions at least five years ago who haven't had any other brushes with the law are usually granted pardons.The process takes several years and requires a lot of work on your part.
Step 1: Purchase an application.
An application for a hearing from the Board of Pardons is required to begin the process.You can purchase an application online.Instructions for filling out the application as well as the required documents are included in the online application.You have to pay the $8 fee using a credit or debit card when you apply online.The Board of Pardons recommends that you use this method to get your application.You can get a paper application by sending a letter to the Board of Pardons.A certified check, cashier's check or money order is required for your letter to be valid.Personal checks and cash are not accepted by the Board of Pardons.You must include a self-addressed envelope with your fee and letter.The items must be mailed to the Board of Pardons.It can take up to three weeks to process your request if you purchase your application by mailing a letter.If you think you can't afford the fees for a governor's pardon, you're able to apply to have them nixed.The Board rarely waives fees if the person is in prison.
Step 2: The required documents and information should be gathered.
After you've downloaded your application, you should start this process as soon as possible because it can take several months to get the required documents.The documents you must submit with your application are contained in the instructions.After you have obtained the missing documents or information, your application will not be filed and you will have to send it again.Your complete criminal history from the Pennsylvania State Police is one of the documents that must be included with your application.It may take as long as six months to process your request, and you will have to pay a $10 fee to get your history.A copy of your driving record and a passport-sized photo are required.You may want to include other documents related to your rehabilitation and your current life.A copy of your college degree can be included.You may want to talk to people with authority and knowledge of your life and situation, such as a work supervisor, counselor, or religious leader, and have them write letters of recommendation for you to submit with your application.
Step 3: You have to complete your application.
When answering the questions on the application, give as much detail as possible.The date of the crime, the place where you were tried, and the judge are all required to be provided by you.You can find this information in the clerk's office of the courthouse where you were tried.In addition to the details of the crime, make sure you give details about your conduct since your conviction, with emphasis on positive changes you've made in your life and any efforts of rehabilitation.Information about yourself and your employment is required by the application.Explain how you support yourself financially if you're not employed.Although the Board doesn't have any specific eligibility requirements for individuals seeking pardons, you generally must be able to demonstrate that a sufficient period of time has passed since the conviction for you to be rehabilitated.You should have a specific reason for needing a pardon, such as a job that you cannot complete without it.If you have a general reason or want to restore privileges that were lost as a result of your conviction, the Board won't approve the application.
Step 4: You can mail your application and supporting materials.
The entire package of documents must be sent to the Board after you finish your application.To cover the filing fees, your application must be accompanied by a certified check or money order.
Step 5: You will receive confirmation that your application has been filed.
The Board looks at your application to see if it's complete and accurate.Confirmation that your application has been filed will be sent if it is.If your application is complete, you can expect it to be filed within two to three months.Copies of your application will be sent to the Board of Probation and Parole, the Department of Correction, and the District Attorney in the county where the crime occurred.
Step 6: You need to give information for your interview.
A state parole agent will investigate your case after your application has been filed.He or she will interview you in your home as part of the investigation.The interview takes place about two years after your application is filed, so you have plenty of time to gather the information and documentation you'll need.Birth or death certificates, marriage certificates and divorce decrees are some of the documents you will need to have for the investigating agent.Pay stubs, W2s, and other evidence of employment, loan and credit card statements, rental agreements or mortgage statements and bank or investment statements are some of the financial documents and information you should collect.You should gather documents related to your membership in any organizations or religious institutions.
Step 7: Have an interview with a parole agent.
After your conviction, a state parole agent will ask you questions about your life and conduct.Positive activities that you've participated in include community service, military service and your religious or community involvement.The agent will prepare a report for the Board based on your interview, so be polite and cooperative.If you're uncomfortable with any of the questions the agent asks, you should explain what makes you uneasy, but try to answer as honestly and completely as you can.
Step 8: Wait for your application to be reviewed.
The Board has five members, including the lieutenant governor, the attorney general, a victim representative, and a psychologist.You will usually have to wait a year for the Board to make a decision on your application.If you are to be granted a hearing, at least two Board members must vote in your favor.You will be notified when the hearing is scheduled if the Board grants you a hearing.Notices of the hearing will be sent to the District Attorney, the judge in the county where the crime occurred, and any victims or survivors.A public notice will be published in a newspaper in the county where the crime occurred at least one week before your hearing.The notice will include your name, the crime for which you've requested a pardon, and the location of the hearing.
Step 9: Prepare for your hearing.
After the Board reviews your application, you can expect a hearing within a few months.If you only have a short period of time to present your case, you should outline what you want to say to the Board and practice your speech several times.Keep your presentation short but detailed by sticking to the facts.In order to support your application for a pardon, you might want to bring along witnesses.If you know there will be others opposed to your application, having witnesses may be helpful.
Step 10: Consider hiring an attorney.
Although you don't need an attorney to represent you at your hearing, a criminal attorney with experience in expungements and pardons can increase your chances of success.If you're worried about being able to afford a private attorney, you might want to check for clinics or community legal services programs in your area that provide free or reduced-cost legal assistance for low-income individuals.An attorney won't do anything to speed up the process.Even if you have legal representation, it may take several years to receive your pardon.
Step 11: You can travel to Harrisburg.
The pardon hearings are held in the Supreme Court Courtroom.You have to attend the hearing in person.You may bring others to testify on your behalf, even though you will be expected to speak for yourself.You must be present at the beginning of the morning session.The Board's calendar shows cases in chronological order.
Step 12: Your case should be presented to the Board.
If your case is called, you have the chance to tell the Board why you think you should be pardoned.You can present your case for no more than 15 minutes.After you've made your presentation, witnesses will have an opportunity to speak.Depending on the crime for which you're seeking a pardon, there may be presentations from the victim's family or anyone else who is against you getting one.
Step 13: Ask the Board's questions.
When you present your case to the Board, they will ask you questions about the crime for which you're seeking a pardon, as well as any other arrests or convictions on your record.The Board wants to know if you have remorse for the crime and won't commit more crimes in the future.
Step 14: Wait for the Board's vote.
The Board members will vote on the hearings at the end of the day.After each public hearing session, the Board convenes to vote.At least three of the Board members must vote in your favor for the board to send a recommendation to the governor that you be pardoned.Before a recommendation for a pardon is sent to the governor, the Board's vote must be unanimous.
Step 15: Receive a pardon from the governor.
Although the governor typically follows the recommendation of the Board, he or she has full discretion in whether to grant a pardon.It can take up to a year after your hearing for the governor to make a decision.The Secretary of the Board will inform all interested parties when the governor sends his or her decision.If the governor grants you a pardon, you will receive a signed certificate in the mail.Your pardon restores any legal rights that you lost as a result of your conviction, including your right to vote, serve on a jury, and hold public office.
Step 16: Get rid of your record.
You have to file a petition in the court where you were convicted to have your record expunged after you receive a pardon.The pardon only grants you the right to have your record wiped clean.Within two to six months after the judge orders your record expunged, the crime for which you received a pardon will be removed from court and state police records.You can tell people that you were never convicted of a crime after your record is cleared.