If you have a criminal record in Pennsylvania, you may be wondering if there is a way to clear it. The good news is that there are two ways to do this: expungement and pardon. In this post, we will explain the differences between the two, the eligibility criteria, and how you can go about getting them.
Expungement: Expungement is the legal process of sealing a criminal record so that it is no longer accessible to the public. This means that potential employers, landlords, and others will not be able to see your criminal record. In Pennsylvania, expungement is only available for certain types of crimes, such as summary offenses and non-conviction records. Additionally, you must meet certain eligibility criteria, such as not having any other criminal convictions. The process for expungement is laid out in the PA Consolidated Statutes Title 18 Pa.C.S.A. § 9122. If you are eligible for expungement, you will need to file a petition with the court and pay a fee.
PA State Pardon: A pardon is formal forgiveness for a crime that has been committed. It is granted by the Governor of Pennsylvania. Unlike expungement, which seals a record, a pardon does not erase a conviction from a person's record. However, it does restore certain rights and privileges that may have been taken away due to the conviction, such as the right to vote, the right to serve on a jury, and the right to hold public office. The process for a pardon is laid out in the PA Consolidated Statutes Title 61 Pa.C.S.A. § 6102. To be considered for a pardon, you must have completed all the terms of your sentence and waited a certain period of time after your conviction.
Federal Pardons: The President of the United States has the power to grant pardons for federal crimes. Unlike state pardons, which only restore certain rights and privileges, a presidential pardon will wipe the conviction off the federal records. The process for obtaining a presidential pardon is different from the state pardon process and typically involves submitting a formal application to the Department of Justice, which conducts an investigation and makes a recommendation to the President.
In conclusion, if you have a criminal record in Pennsylvania, you may be eligible for expungement or pardon. Expungement will seal your criminal record, making it inaccessible to the public, while a pardon will restore certain rights and privileges. If you have committed a federal crime, you may also be eligible for a presidential pardon. The experienced attorneys at Moro & Moro can help you understand the eligibility requirements and assist you in the process of expungement and pardon as laid out in the PA Consolidated Statutes.
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