A Primer on Expungement, Pardons, and Sealing Criminal Records in Pennsylvania

The War on Drugs, launched decades ago, has had far-reaching consequences for countless individuals and communities. While the intent was to combat illegal drug use and trafficking, the reality is that many people were caught in the crossfire, often receiving harsh sentences for non-violent offenses. This has led to long-lasting challenges, particularly for those with drug convictions, who find their paths to employment, housing, and professional licenses blocked by a criminal record.

In Pennsylvania, legal avenues are available to help individuals clear their records, offering them a second chance at a better life. Understanding your options for expungement, pardons, and record-sealing can be the first step toward reclaiming your future and giving yourself that second chance.

Expungement: Wiping the Slate Clean

What is Expungement?
Expungement is the legal process that erases a criminal record as completely as if the offense never happened. This can be a powerful tool for those seeking to remove the stigma of a criminal conviction from their lives.

Who is Eligible?
In Pennsylvania, expungement is available under specific circumstances such as:

• Non-Conviction Dispositions: If your charges were dismissed, withdrawn, or nolle prossed, or if you were acquitted, your record can be expunged.
• ARD/Section 17 Completion: Successful completion of an Accelerated Rehabilitative Disposition (ARD) program or Section 17 disposition makes you eligible for expungement.
• Summary Convictions: If you have avoided arrest for 5 years following a summary conviction, you may seek expungement. This also applies to individuals who were under 18 at the time of the offense and have since turned 18, with at least 6 months passing since they completed their sentence and paid any fines.
• Misdemeanor and Felony Convictions for Seniors: Individuals aged 70 or older, and who have been arrest-free for 10 years after completing their sentence (including probation or parole), can qualify for expungement.
• Automatic Expungement: If you were acquitted of all charges, expungement occurs automatically.

Why Pursue Expungement?
Expungement can help you regain your footing by eliminating barriers that a criminal record can create. It opens doors to employment, housing, and other opportunities that might otherwise be closed.

Pardons: A Path to Redemption

What is a Pardon?
A pardon is a form of executive clemency that forgives a person for their crime. In Pennsylvania, every criminal record is eligible for a pardon after your sentence is complete, making it a crucial option for those whose convictions cannot be sealed or expunged.

What Makes Someone a Good Pardon Candidate?
The Pennsylvania Board of Pardons considers several factors when evaluating applications for pardon, such as:

• The time elapsed since your conviction
• Compliance with court orders and payment of fines
• Demonstrated remorse and participation in treatment programs
• Positive life changes, including education, career development, and community involvement
• The impact of the conviction on your daily life
• The presence of a victim and the crime’s impact on them

How Can You Apply for a Pardon?
Applying for a pardon involves several steps, including:

1. Detailed Application: Completing a comprehensive application that outlines your convictions and the reasons you seek a pardon.
2. Letters of Recommendation: Gathering letters from individuals who can attest to your character and the positive changes you've made in your life.
3. Hearing: Presenting your case at a public hearing before the Board of Pardons. This is your opportunity to demonstrate your rehabilitation and need for a pardon.
4. Waiting Period: The entire process, from the initial application to the final decision by the governor, can take up to 5 years.

Pardon Statistics for 2023:
Out of 1,038 applications that were merit-reviewed, 520 received

public hearings. Of those, 395 were recommended for pardons, and 398 were forwarded to the governor for approval. These numbers reflect that while the process is lengthy and rigorous, a significant percentage of those who pursue it, and succeed in obtaining a hearing, receive a pardon.

Sealing Records: Limited Access to Your Past

What is Record Sealing?
Record sealing, also known as “limited access,” restricts who can see your criminal record. Under Pennsylvania’s Clean Slate 3.0 law, effective Feb. 12, 2024, more people will be eligible to have their records sealed, making it easier to move forward with their lives.

Key Benefits of Sealing:

• Sealed records don’t have to be disclosed except when required by federal law.
• They are hidden from most background checks except those conducted by the FBI.

How to Seal a Record:
While some records are automatically sealed under the Clean Slate law, others require that a petition be filed in court. The process can be complicated, and assistance from an attorney may help to ensure your petition is properly handled.

Convictions Eligible for Sealing:

• Low-Level Felony Convictions (after 10 years): Includes many drug crimes, theft, trespassing, forgery, fraud, criminal mischief, and conspiracy to commit eligible crimes.
• Misdemeanor Convictions (after 7 years): Includes offenses like recklessly endangering another person, simple assault, DUI, disorderly conduct, resisting arrest, harassment, terroristic threats, possession of an instrument of a crime, and prostitution.

Conclusion: Taking the First Step Toward a Fresh Start

The War on Drugs has left a legacy of challenges, but it’s never too late to seek a second chance. Whether through expungement, pardons, or record-sealing, Pennsylvania offers pathways to clear your record and open new opportunities for your future. Understanding your rights and acting on them can be the first steps toward reclaiming your life.

For information about national and state cannabis law matters and regulatory compliance, please contact our Cannabis Law Practice Group attorneys: William J. Beneduce, Esquire (wjbeneduce@norris-law.com) for New Jersey Cannabis matters or contact our offices at (908)722-0700.