What is a Pardon, and How Does It Differ from an Expungement?

A criminal offense will remain on your record forever, making it difficult to find suitable employment, a decent apartment, and to renew professional licensure. If you were charged with a crime but not convicted, you may be eligible for an expungement, clearing your record. Unfortunately, most convictions are ineligible for expungement, but may be eligible to be pardoned.

At the Law Office of Stephen W. Grosh, we believe that a past transgression should not shape your entire future. If you would like to learn how to clear your record, our Lancaster pardons and expungement lawyer is happy to discuss your legal options.

What is a Pardon, and What is the Qualifying Criteria?

A pardon is an act of executive clemency granted by the Governor of Pennsylvania (on recommendation of the Board of Pardons). This act of clemency applies to crimes that are ineligible for expungement. It forgives an underlying offense, but it doesn’t erase the fact that a conviction occurred. However, a pardon restores certain rights (like eligibility to hold public office, own firearms in some cases, or serve on a jury).

The Board of Pardons wants to see a reasonable amount of time has passed since the completion of your sentence to show rehabilitation. Generally, if you committed a minor crime, a five-year post-sentence window is the standard threshold, with ten years being regarded as the norm for serious offenses. Under Act 36 of 2023 (expansion of Pennsylvania’s Clean Slate initiative, effective as of June 11, 2024), unconditional pardons are eligible for automatic expungement, no longer requiring a separate court petition.

What is Expungement?

An expungement clears a criminal offense from a person’s record so that it does not show up on a standard background check. In Pennsylvania, charges that were dismissed or withdrawn may be expunged, as may nolle prosequi charges (charges dropped by a state prosecutor). Additionally, individuals who successfully complete the Accelerated Rehabilitative Disposition (“ARD”) program will have their charges dismissed, qualifying them to apply for expungement. In Pennsylvania, a judge of the Court of Common Pleas grants an expungement.

What Crimes are Eligible for Expungement?

18 Pa.C.S. §9122(a) governs the expungement of criminal records in the Commonwealth:

• No final case outcome has been received or recorded within 18 months of the defendant’s arrest
• A court order requires that non-conviction data be expunged
• A defendant has been issued an unconditional pardon
• A defendant at least 21 years of age petitions the Court of Common Pleas for an expungement regarding a conviction for the possession or transportation of alcohol
• An individual has been acquitted of criminal charges related to a specific offense
• An individual reaches 70 years of age and has no arrest or conviction record in the past ten years following a final release from prison or upon completion of probation or parole
• An individual has been deceased for three years
• An individual who committed a summary offense has had a clear criminal record for at least five years

Benefits of Clearing Your Name

An expungement erases a criminal arrest, charge, or conviction from public records, making it not visible on standard background checks run by employers. You will no longer have to disclose the offense on job applications, opening new doors. If your offense is not eligible for expungement, you can apply for a pardon, which can absolutely improve your chances of getting hired and make you eligible to renew an occupational license. As previously mentioned, a crime that is initially ineligible for expungement may require first applying for a pardon in order to qualify.

Getting an expungement or pardon can do much more than advance your career; it can exemplify your reintegration into society. This comes with many advantages, making you a more suitable tenant for landlords and even restoring your gun rights. If you want to discuss your eligibility for either a pardon or expungement and ensure that the process is handled properly, it is important that you speak with the Law Office of Stephen W. Grosh.

Ready For a Fresh Start? Contact Our Lancaster Pardons and Expungement Lawyer Today

Whether you’re eligible for an expungement or need to pursue a pardon first, navigating Pennsylvania’s record-clearing process can be complex, and getting it wrong can cost you time you don’t get back. Thankfully, the Law Office of Stephen W. Grosh can review your record, identify which path applies to you, and guide you through every step. To schedule your confidential consultation with our Lancaster pardons and expungement attorney, our office can be reached online or by calling (717) 208-4599.