|Posted:||August 23, 2017 02:35 PM|
|From:||Senator Stewart J. Greenleaf and Sen. Daylin Leach|
|To:||All Senate members|
|Subject:||Automatic Expungement after Pardon|
|A pardon by the Governor is the highest act of clemency or forgiveness for a person’s criminal offenses that is recognized by Pennsylvania law. The purpose of a pardon is to restore all of the legal rights and privileges that the person forfeited by being convicted of a criminal offense. In order to obtain a pardon, an offender must submit to an investigation by agents of the Pennsylvania Board of Probation and Parole, answer questions posed by the Board of Pardons during a hearing, and receive the approval of the Governor.
Despite the purpose of a pardon and the extensive process to receive one, offenders who receive a pardon in Pennsylvania must nonetheless go to a court of common pleas and apply for an expungement of the criminal record so that it will not remain visible to employers and the public. These applications for expungement are routinely granted. Requiring this duplicative step in the process, however, consumes the resources of our courts and imposes additional expenses and hardships on a person already deemed to be worthy of the Commonwealth’s forgiveness.
We will in the near future introduce a bill that will provide for automatic expungement of criminal records for any offense that has been the subject of an executive pardon. Please join us in cosponsoring this legislation to reduce the burden on our courts and to streamline the restoration of rights to certain offenders.
Introduced as SB883