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https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=17721
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: March 10, 2015 04:08 PM
From: Representative Justin J. Simmons and Rep. Brandon P. Neuman
To: All House members
Subject: Expungement Rights for Pardoned Persons
 
In the very near future, both Representative Brandon Neuman and I will be re-introducing a measure (HB 675 of 2013/14) that would statutorily enable persons that have successfully received an executive pardon by the Governor to petition the Court of Common Pleas for the expungement of their pardoned conviction(s).

Many of you may be surprised to know that merely receiving an executive pardon by the Governor in Pennsylvania does not automatically remove one’s pardoned conviction(s) from their criminal history record. In fact, the prospective employer of a pardoned person would still be apprised of the applicant’s criminal record upon running a standard background check. And while the answer to the question of whether or not an individual that has received an executive pardon for a conviction is eligible to petition the Court to expunge their pardoned convictions(s) cannot be found in Pennsylvania statute, we have been informed by the Pennsylvania State Police that this is in fact the case.

Spurred by this ambiguity, glaring omission in Pennsylvania statute, and corresponding Pennsylvania case law, see Commonwealth v. C.S., 517 Pa. 90 (1987), which holds that expungement must follow an executive pardon, and Commonwealth v. J.C.K., 651 A.2d 144 (Pa. Super. Ct. 1994), which holds that limited expungement of one’s record must follow a conditional pardon, both Representative Neuman and I are proposing to further clarify this issue by statutorily enabling those that have successfully received an executive pardon to petition the Court of Common Pleas to expunge their pardoned conviction(s).

According to the Bureau of Justice Statistics, approximately 97 percent of incarcerated persons will return back to the communities from which they came. In light of this sobering statistic, it is our belief that through our combined efforts to streamline and clarify the Commonwealth’s executive pardon process that we will be successful in further incentivizing Pennsylvania’s sizeable ex-offender population to become both law abiding and contributing members of society.

As our General Assembly continues to wrestle with the issue of how far to expand expungement rights for formerly convicted persons, the fact of the matter remains that for many formerly convicted misdemeanants and felons, the executive pardon process (which is no easy feat) will be their only viable form of legal recourse to obtain a second chance at redemption.

Therefore, both Representative Neuman and I strongly encourage members from both sides of the aisle to please join us in advancing this crucially important bipartisan initiative.

IT SHOULD BE NOTED THAT THIS MEASURE HAS RECEIVED THE SUPPORT OF THE PENNSYLVANIA STATE POLICE, HAS BEEN REVIEWED BY THE PENNSYLVANIA DISTRICT ATTORNEYS ASSOCIATION (WHICH HAS EXPRESSED THAT IT HAS NO OBJECTIONS) AND WAS DRAFTED IN CONSULTATION WITH PA BOARD OF PARDONS

Previous co-sponsors of this measure are as follows:
V. BROWN, BISHOP , CUTLER , KINSEY, DENLINGER , GINGRICH , SCHLOSSBERG, BROWNLEE, COHEN , CLAY, NEILSON, GODSHALL , WATERS , McNEILL, KIRKLAND , HARHART , FRANKEL , PARKER , GIBBONS , KIM, MATZIE, DAVIS, SCHREIBER, WATSON , TOOHIL, M. DALEY, McGEEHAN , DAVIDSON, READSHAW , YOUNGBLOOD , CALTAGIRONE , MIRANDA, SACCONE, GAINEY, HARKINS , STERN , PAINTER, SIMS, KAUFFMAN and DAY

For more information concerning this legislation, you are asked to please contact Lori Nissly at (717)783-1673 or lnissly@pahousegop.com or Holly Stimely at (717)783-4834 or hstimely@pahouse.net.


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Introduced as HB876