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Pennsylvania Expungement & Pardon
An Expungement in Pennsylvania is the process by which we petition the Court to expunge (erase) specific offenses on you criminal record. Similarly, a Pardon is an act of clemency (forgiveness) by the Board of Pardons and the Pennsylvania Governor. There are multiple benefits of obtaining an expungement or a pardon, including;
- Restoring your right to a firearm and obtaining a concealed carry permit;
- Obtaining professional or occupational licensure;
- Advancing your career, employment, and occupation; and
- Removing any reference to the Pardon/Expunged crime from your record
Pennsylvania Expungement
Eligibility
An individual will be eligible for an expungement if:
- The charges were withdrawn, dismissed, or nol-prossed;
- Summary conviction five years old;
- Underage
- Disorderly Conduct
- Public Drunkenness
- Retail Theft
- Harassment
- Juvenile record;
- ARD dispositions;
- Section 17 Dispositions;
- An individual 70 years old;
- An individual who is dead for at least 3 years; and
- Convictions that have been Pardoned.
Exclusions
An individual will be excluded from expunging their record if they were convicted of one of the following sections:
- 3121 – Relating to rape
- 3122.1 – Relating to statutory sexual assault
- 3123 – Relating to involuntary deviate sexual intercourse
- 3124.1 – Relating to sexual assault
- 3125 – Relating to aggravated indecent assault
- 3126 – Relating to indecent assault
- 3127 – Relating to indecent exposure
- 5902(b) – Relating to prostitution and related offenses
- 5903 – Relating to obscene and other sexual materials and performances
Process
A petition will be prepared on your behalf and submitted to the Court for review. The Court usually takes up to 30 days to review the petition. The Court will either grant or dent your petition. If granted, your signed expungement order will be sent to the various agencies and they have 30 days to respond.
Pennsylvania Pardon
Nearly every conviction is eligible for a pardon. The process begins by requesting an application from the Board of Pardons. Once the application is completed and submitted to the Board of Pardons, it will begin its investigation into the facts of the crime. You will be interviewed by the investigative agents from Probation and Parole. Upon completion of their investigation, the agents will submit a report to the Board regarding the facts surrounding your case and your character now, not then. The Board members will then review this report and application, known as a “merit review,” to determine whether or not your case will be given a hearing.
There is no litmus test applied to the review process; however, the Board will look to several factors routinely including:
- How much time has passed since the crime was committed
- Have you satisfied all court requirements
- Have positive changes occurred in your life since the crime occurred
- Why do you need or why are you requesting the pardon
- How serious is the impact on the victims of your crime
It is important to note that satisfactory responses will no guarantee acceptance, nor does missing any.
If you are granted a hearing, you will be afforded the opportunity to address the Board and explain your side of the story, why you are seeking a pardon, and how your life has changed since the criminal act. After the hearing, the Board will vote. If you receive 3 out of 5 members vote, then your application will be recommended to the Governor. The Governor will either, upon review, grant or deny your pardon.
This process is very due to the high volume of applications. From start to finish, a pardon could take from 2 to 4 years. Time frames should not be discouraging; however, it is important to keep a realistic time frame in mind.
Banks Law Group represents individuals seeking an Expungement or Pardons in Gettysburg PA, Reading PA, Doylestown PA, West Chester PA, Bloomsburg PA, Carlisle PA, Harrisburg PA, Media PA, Mifflintown PA, Lancaster PA, Lebanon PA, Allentown PA, Wilkes-Barre PA, Williamsport PA, Stroudsburg PA, Norristown PA, Danville PA, Easton PA, Sunbury PA, Pottsville PA, Middleburg PA, Laporte PA, Lewisburg PA, York PA.
If you are seeking an Expungement or a Pardon and are in need of an experienced Expungement or Pardon attorney or Expungement or Pardon law firm, please do not hesitate to contact us Banks Law Group at 844-815-9632 and speak with one of our trusted Expungement or Pardon lawyers.[/vc_column_text][/vc_column][/vc_row]