A criminal arrest, charge, or conviction can have future implications, making it challenging to find suitable housing, a well-paying job, or renew professional licensure. The problems don’t stop there, with many being unable to travel internationally, own a firearm, or have child visitation privileges.
Many individuals hope to pursue the American dream but are unsure how to do so after a conviction. Thankfully, ex-offenders in Pennsylvania may be eligible to have a criminal offense expunged or pardoned. These two processes are vastly different but can be achieved through the assistance of an accomplished defense attorney in Chambersburg, PA.
What is an Expungement?
Former offenders in Pennsylvania may be able to have an offense removed from their record through the expungement process. An expungement can allow someone to start anew by removing an arrest or criminal conviction from their record. This includes all records kept with the court and the Pennsylvania State Police. If your offense is expunged, it will not be visible to the public. It will not show up on standard background checks, so potential employers will not be able to see your record.
What Crimes are Eligible for Expungement in PA?
In Pennsylvania, charges that were dismissed, withdrawn, or resulted in a “not guilty” verdict may be expunged, as may charges if the prosecution formally drops them, known as entering a nolle prosequi. If you completed the Accelerated Rehabilitative Disposition (“ARD”) program, your charges will be dismissed, making you eligible for expungement. Most criminal convictions are not eligible to be expunged, although you can apply for expungement if five years have passed since a conviction for a summary offense.
What is a Pardon and Why is it Significant?
A pardon is granted by the Governor, reinstating your civil rights. The process of having your crime pardoned is known as clemency. An unconditional pardon means that the Governor has granted total forgiveness of your crime. Under Pennsylvania’s Second Chance Act (signed into law in 2024), a person who is granted an unconditional pardon will have their criminal record automatically expunged.
What is the Process of Getting a Pardon in PA?
Investigation
The process of clemency involves a parole agent investigating your case. As part of the investigation, a phone interview will be held by the parole auditor in which they will vet you regarding your living situation, employment status, the details of your arrest, and whether you have had any police contact after your conviction. This will help the officer gauge your overall eligibility for a pardon.
Board of Pardons Reviews Application
After your interview with the parole auditor, the Board of Pardons will conduct a merit review of your application. The Board will vote to determine whether to grant you a public hearing.
Public Hearing in Harrisburg
If you are granted a public hearing, you will be asked to address the Board. The Board will question you about your offense to see if you are sorry for what you did and to determine the likelihood of you reoffending. During the hearing, you should be able to let the Board know the challenges that your conviction has created in your professional and personal life.
The Board Votes
The Board will vote to decide if your application should be turned over to the Governor’s Office. For your application to be approved, three out of five of the members must vote to recommend to the Governor that your offense be pardoned.
The Governor Pardons the Offense
If the Board votes to recommend your application, the Governor may take up to 1 year to issue the pardon. After your pardon is issued, you will receive a signed document from the Governor.
Assisting You in Having Your Name Cleared
In past years, a pardoned individual would need to submit a petition for expungement to the court. With the Commonwealth’s 2024 “second chance” expansion of the Clean Slate law, unconditionally pardoned individuals now receive an automatic expungement. In an automatic expungement, you will not be required to take any further action; instead, the Board of Pardons will handle it for you. The court will issue the expungement order and then submit it to the police, who will physically erase your record from the database.
If you are interested in learning your eligibility for an expungement or pardon in Pennsylvania, you will need a Chambersburg pardons and expungement lawyer. At Matt Fogal Law Office, LLC, your attorney has a unique knowledge set, having experience as both an elected District Attorney and a defense lawyer. This knowledge base allows attorney Fogal to navigate the complexities of the pardons and expungement process, giving you an undeniable edge in getting relief for your past transgressions.
Reach Out to Chambersburg Pardons & Expungement Attorney, Matt Fogal, Today
There is no denying that having a criminal offense on your record can put you at a disadvantage in the job market. If you are interested in obtaining relief for a past crime, this Chambersburg pardons and expungement lawyer would like to speak with you. Attorney Matt Fogal’s experience as a prosecutor will streamline the process for many individuals. If you are interested in scheduling a confidential consultation, contact Matt Fogal Law Office, LLC, online or by calling (717) 868-8151 at your earliest possible convenience.