Expungements & Pardons · Governor's Pardon

A pardon doesn't erase a conviction. It's the door that lets you expunge it.

For convictions that fall outside every other relief mechanism — not eligible for expungement, not eligible for Clean Slate sealing, and old enough that the person has genuinely moved past it — a governor's pardon is often the only remaining option. It's also the slowest one. The process runs through the Board of Pardons under Pa. Const. art. IV, § 9: an application, a merit review, in many cases a public hearing, and ultimately a written recommendation that requires a majority of the Board before the Governor can even consider granting clemency. I help people across Dauphin, Cumberland, York, and Adams counties evaluate whether a pardon is realistic for their situation and prepare an application that actually gives the Board something to work with.

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How the remedy works

The Pennsylvania Governor's Pardon Process.

Authority: Pa. Const. art. IV, § 9[1][2]

Record relief, in context

A pardon is a years-long process with no guaranteed outcome, but for a conviction that's otherwise permanent, it's often the only door left — and it's worth starting early rather than waiting until the consequence becomes urgent.

expungement & pardon lawyer · pardon vs. expungement · DUI expungement

Pennsylvania's pardon power sits with the Governor under Pa. Const. art. IV, § 9, but it isn't exercised unilaterally. The Board of Pardons — made up of the Lieutenant Governor, the Attorney General, and three other members appointed under the constitution — reviews every application first. The Board's regulations set out the application requirements, the merit-review screening stage, and, for applications that pass that screening, a public hearing where the applicant, and sometimes victims or objectors, can be heard.

After the hearing, the Board votes, and Pa. Const. art. IV, § 9 requires a majority recommendation in favor of clemency before the application can even go to the Governor. Only then does the Governor decide whether to actually sign the pardon. That structure means an applicant has to persuade the Board first — the Governor never sees an application the Board didn't recommend by majority vote.

A pardon, once granted, does not itself erase the conviction from the record. What it does is remove the legal bar that made the conviction otherwise unexpungeable, opening the door to file a standard petition under § 9122 to have the conviction expunged. In practical terms: pardon first, then expungement petition, then — once that petition is granted — an actual clean record.

Timelines here are measured in years, not months, and applicants should plan for that reality rather than a quick turnaround. The Board has, however, established an expedited review track for certain non-violent marijuana-possession convictions, recognizing the high volume of otherwise-similar low-level cases and shortening at least the initial screening stage for applicants who qualify. What a pardon does not do is worth stating plainly: it does not restore firearm rights automatically, it does not vacate a conviction the way an appeal would, and it does not guarantee approval — the Governor's decision remains discretionary even after a favorable Board recommendation.

Eligibility at a glance

What qualifies — and what does not.

The Pennsylvania Governor's Pardon Process: eligibility categories under Pa. Const. art. IV, § 9
SituationWhat the law allowsCondition
Old conviction not eligible for expungement or Clean Slate sealingPardon is often the only remaining avenueTypically applies to felony convictions or repeat-offense records that don't qualify under § 9122 or the Clean Slate Act on their own
Demonstrated rehabilitation over a substantial periodCentral to the Board's merit review and hearing evaluationEmployment history, community involvement, and time elapsed since the conviction all factor into the Board's assessment
Non-violent, small-amount marijuana possession convictionMay qualify for the Board's expedited review trackDesigned to move a high volume of otherwise-similar low-level cases through initial screening faster than the standard process
Conviction with a specific, articulable collateral consequenceStrengthens the application's stated purposeProfessional licensing barriers, employment restrictions, or housing consequences give the Board a concrete reason tied to the request
Multiple convictions across different casesEach conviction generally requires its own pardon applicationA person with several old convictions may need to apply for, and receive, a pardon for each one separately
Active supervision or unresolved caseNot a realistic candidate for pardon reviewThe Board generally expects sentences to be fully completed, with a period of stability afterward, before an application is likely to be considered favorably
Victim objection or contested facts underlying the convictionDoesn't automatically disqualify, but complicates the hearingThe Board weighs victim input where it's presented, alongside the applicant's record since the conviction

Eligibility categories are statutory, but how a specific docket is graded and disposed controls which category applies. Nothing here is a prediction about a particular record.

The process

Step by step.

  1. Step 1

    Application and required documentation

    The applicant submits a formal application to the Board of Pardons, including personal history, the details of the conviction, and supporting documentation of rehabilitation and current circumstances.

  2. Step 2

    Merit review screening

    Board staff conduct an initial review to determine whether the application should proceed to a full hearing, screening out applications that don't meet baseline criteria at this stage.

  3. Step 3

    Public hearing before the Board

    Applications that pass merit review proceed to a public hearing where the applicant can testify, present evidence of rehabilitation, and respond to questions from Board members; victims or other interested parties may also be heard.

  4. Step 4

    Board vote and recommendation

    Following the hearing, the Board votes on whether to recommend a pardon; a majority vote in favor is constitutionally required before the application can go to the Governor at all.

  5. Step 5

    Governor's decision

    If the Board recommends clemency by majority vote, the application goes to the Governor, whose decision to grant or deny the pardon is discretionary even at this final stage.

  6. Step 6

    Expungement petition after a granted pardon

    Once a pardon is signed, the person can file a standard § 9122 expungement petition with the court that handled the original conviction, using the pardon as the basis for eligibility that didn't previously exist.

Jurisdiction & venue

Where the petition is filed.

Board of Pardons, Harrisburg

The entire pardon application, merit review, and public hearing process is administered centrally by the Board of Pardons in Harrisburg — it is not a county-by-county process the way expungement petitions are, regardless of where the underlying conviction occurred.

Dauphin County

Once a pardon is granted, the follow-up § 9122 expungement petition is filed with the Dauphin County court that originally handled the conviction, following that county's standard expungement procedure.

Cumberland County

The same two-step sequence applies: the pardon process itself runs through the statewide Board in Harrisburg, and the subsequent expungement petition is filed locally with the Cumberland County court that entered the original conviction.

York, Adams, Perry, Franklin, and Lancaster Counties

For applicants whose original convictions were entered in any of these counties, the pardon application itself still goes exclusively through the Board of Pardons in Harrisburg; only the follow-up expungement petition after a pardon is granted returns to the local court and DA's office.

Where these petitions are won or lost.

  • Build the record before applying, not during the hearing

    Employment history, community ties, and evidence of stability since the conviction should be documented and organized well before the application is submitted, not assembled hastily once a hearing date is set.

  • Be candid about the underlying offense

    The Board's hearing process is not the place to minimize or dispute facts already established by the conviction; credibility about what happened matters more than arguing the case was wrongly decided.

  • Use the expedited track where it genuinely applies

    The Board's expedited review for certain non-violent marijuana-possession convictions can meaningfully shorten the process, but only for applicants who actually fit that category — don't assume it applies more broadly.

  • Set realistic timeline expectations

    Pardon applications typically take years from filing to a final decision; applicants should not delay other planning (employment, licensing applications) on the assumption that a pardon will resolve things quickly.

  • Plan for the expungement step in advance

    A granted pardon is not the finish line — treat it as the trigger for a second, separate § 9122 expungement petition that still has to be filed and processed with the local court.

  • Understand what a pardon does not restore

    A pardon does not automatically restore firearm rights, does not function as an appellate reversal of the conviction, and does not guarantee the Governor will grant it even after a favorable Board recommendation — set expectations accordingly from the outset.

FAQ

Frequently asked questions.

Common questions about governor's pardon in Pennsylvania — eligibility, procedure, and what the order actually changes.

  • A pardon forgives the conviction as a matter of executive clemency, but it does not by itself erase the record. What it does is remove the bar that made the conviction ineligible for expungement, allowing the person to then file a § 9122 expungement petition.

  • Realistically, years rather than months. The process includes an application, a merit-review screening stage, in many cases a public hearing, a Board vote, and finally the Governor's own decision — each stage takes time, and there's no fast track for most applications.

  • Both, in sequence. The Board of Pardons must recommend clemency by majority vote before the application even reaches the Governor, and only then does the Governor decide, at his or her own discretion, whether to actually grant it.

  • The Board has established an expedited review track for certain non-violent marijuana-possession convictions, which can shorten the initial screening stage for applicants who qualify, though the overall timeline still isn't quick.

  • Not automatically. A pardon addresses the conviction itself, but firearm-rights restoration involves separate legal requirements and is not a guaranteed byproduct of receiving a pardon.

  • The pardon itself doesn't clear your record — you still need to file a standard expungement petition under § 9122 with the court that handled the original conviction, using the pardon as the new basis for eligibility.

  • Yes. A majority Board recommendation is a constitutional prerequisite for the Governor to consider the application, but it does not obligate the Governor to grant the pardon — the final decision remains discretionary.

Sources & statutory citations

  1. [1]Pa. Const. art. IV, § 9The Governor's pardon and commutation power — exercisable only on the written recommendation of a majority of the Board of Pardons.
  2. [2]37 Pa. Code Ch. 81Board of Pardons regulations — application, merit review, public hearing, and recommendation procedure.
  3. [3]18 Pa.C.S. § 9122Expungement of criminal history record information.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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