Criminal History Resources
Bringing the resources together in one place for all things involved in recovery.
Pathways To Pardons
In 2017, The Office of Lieutenant Governor, PA Board of Pardons, and the PA Department of Drug and Alcohol Programs teamed up to create Pathways to Pardons in collaboration with PRO•A, PA Department of Corrections, PA Probation and Parole, Lawyers for Social Equity and many stakeholders throughout Pennsylvania.
Criminal histories have long-term consequences for people in recovery. However, opportunities are available to clear your record and move on with your life once you are in long term recovery! There are multple pathways to move beyond or clear your criminal history. Many members of our recovery community, who have worked hard to change their lives and pay their debts to society, may be eligible and could benefit from consideration for a pardon. 70% of applicants are seeking a pardon for drug convictions. Additionally, 60% of applicants’ report substance use disorders. Many applicants are persons who committed crimes as a direct result of having a drug and alcohol problem. Oftentimes, individuals may apply for a pardon:
- After achieving sustainable recovery
- Because they want to clear their name
- Out of a need to make it easier to obtain employment in order to provide for their families.
Clemency Applications
Clemency applications filed with the Board of Pardons generally fall into one of two categories:
1. Pardon Applications
2. Commutation Applications
Commutation:
Via the PA Board of Pardons “A commutation is for the reduction of a prison or parole sentence currently being served by an applicant. Approximately 15 percent of the clemency applications the Board receives are for commutation of sentences. Inmates serving life sentences must apply for commutation of their life sentence as their only means of release since there is no such thing as parole for lifers in Pennsylvania. Inmates serving indeterminate sentences also apply for commutation of their minimum and/or maximum sentence, but the Board generally finds parole to be the more appropriate avenue for their release. ”
View more information at:
- If Currently Incarcerated:
Commutation-Flow-Chart.pdf - If Not Currently Incarcerated:
https://www.bop.pa.gov/application-process/Documents/Public%20Process%20Flow%20Chart.pdf - PA Board of Pardons https://www.bop.pa.gov/application-process/Pages/clemency.aspx
Pardon:
A pardon is the action of an executive official of the government that mitigates or sets aside the punishment for a crime. The granting of a pardon by the Governor to a person who has committed a crime or who has been convicted of a crime is an act of clemency which restores the person’s civil rights. In Pennsylvania, the Board of Pardons has the power to recommend to the Governor that a person be pardoned for any state conviction. For summary offenses, a pardon is not needed and persons should consider seeking an expungement at the county level.
View more information at:
- https://pro-a.org/wp-content/uploads/2019/08/Pardons-Flow-Chart.pdf
- https://www.bop.pa.gov/Pages/default.aspx
- https://clsphila.org/sites/default/files/get-help/Pardon%20Guide%20NEW.pdf
Expungement:
Via https://clsphila.org/get-help/expungements, “Expungements are a way to clear your criminal record. Under Pennsylvania law, any charges that did not result in conviction are eligible to be expunged. This includes all dismissed, withdrawn, nolle prossed, and not guilty charges and if you completed a special program such as ARD, the Small Amount of Marijuana Program, or Section 17. Additionally, summary-level convictions are eligible for expungement if you have been free of arrest or prosecution for five years following the summary conviction. In order to obtain an expungement, you must petition for expungement, attend a hearing in front of a judge, and send the appropriate documents to various state agencies. If you live in Philadelphia, CLS attorneys can help you expunge your record.”
View more information on Expungements at:
Pennsylvania State Police
A Clean Slate:
Clean Slate is a new Pennsylvania law that will automatically seal 30 million criminal cases, as well as expanding sealing to include more types of misdemeanors. Employers, landlords, and schools won’t be able to see sealed cases on your record, although those cases still will be seen by law enforcement agencies and a few others. Clean Slate will help many people across the commonwealth to get a fresh start. For more information, see https://mycleanslatepa.com/5-things-to-know-about-clean-slate/.
- Visit https://mycleanslatepa.com/
- Fact Sheet – The Path to Clean Slate
- Ineligible convictions and eligible exclusions
Additional information:
- Clean slate, expungement and limited access Frequenlty Asked Questions: http://www.pacourts.us/learn/learn-about-the-judicial-system/clean-slate-expungement-and-limited-access
- The Pennsylvania Board of Pardons Frequently Asked Questions: https://www.bop.pa.gov/application-process/Pages/Frequently-Asked-Questions.aspx
- The Pennsylvania Board of Pardons Application Process: https://www.bop.pa.gov/application-process/Pages/Process.aspx
- PRO•A Recovery and Criminal History Fact Sheet 2017: Recovery and Criminal History Fact Sheet
- National Clean Slate Clearinghouse (NCSC)
- Clean Slate Clearinghouse
- Pennsylvania Legal Aid Network Information on legal records Expungement & Pardons: http://www.palawhelp.org/issues/employment/employment-issues-for-ex-offenders-criminal-r?channel=legal-information&category=information-from-the-pennsylvania-legal-aid-n
- Philadelphia Bar Association, Community Legal Services (CLS)