Compare · Pardon vs. Expungement
A pardon forgives. An expungement removes. For a conviction, you usually need the first before you can get the second.
Pardons and expungements solve different problems and come from different branches of government. A pardon is an act of executive clemency granted by the Governor, on the recommendation of the Board of Pardons, that forgives a conviction as a matter of law — it doesn't erase the record by itself, but it removes the legal disabilities that come with a conviction and, critically, it opens the door for a conviction to be expunged, something that generally isn't possible while the conviction stands unpardoned. Expungement, by contrast, is a court process under 18 Pa.C.S. § 9122 that results in a record being destroyed or removed from public access. For non-convictions and a handful of other categories, expungement stands on its own. But for most actual convictions — misdemeanors and felonies alike — expungement isn't available unless a pardon has already been granted, which makes the Board of Pardons process, slow and demanding as it is, the necessary first step for anyone trying to clear an old conviction that Clean Slate sealing doesn't reach.
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The short answer
Governor's pardon (Pa. Const. art. IV, § 9; 37 Pa. Code Ch. 81)
A pardon is an act of clemency under Article IV, Section 9 of the Pennsylvania Constitution, granted by the Governor after a favorable recommendation from the Board of Pardons. The process, governed procedurally by 37 Pa. Code Chapter 81 and the Board's own regulations, involves an application, a merit review, and, for cases that clear that initial screening, a public hearing before the Board where the applicant can present evidence of rehabilitation. It is a lengthy process, often taking well over a year from application to a Governor's decision, and it is discretionary at every stage — there's no entitlement to a pardon no matter how much time has passed or how minor the offense. A pardon forgives the conviction and restores certain rights, but it does not by itself erase the public record; getting the record actually removed still requires a separate expungement petition once the pardon is granted.
Court expungement (§ 9122)
Expungement is a petition filed in the court where the case was handled, asking a judge to order a record destroyed or removed from public access. It is available on its own for non-convictions, completed ARD, and summary offenses after a waiting period, without needing anything from the Board of Pardons. But for a misdemeanor or felony conviction, § 9122 generally does not authorize expungement unless the person has first received a pardon for that conviction — the pardon removes the legal barrier, and the expungement petition then removes the record itself. This two-step sequence means that for many older convictions that Clean Slate sealing doesn't fully address, the practical path runs through the Board of Pardons first and the courthouse second.
| What matters | Governor's pardon (Pa. Const. art. IV, § 9; 37 Pa. Code Ch. 81) | Court expungement (§ 9122) |
|---|---|---|
| Legal source | Pa. Const. art. IV, § 9, implemented through 37 Pa. Code Ch. 81 and Board of Pardons regulations | 18 Pa.C.S. § 9122 |
| Who decides | The Board of Pardons recommends; the Governor grants or denies | A judge in the county where the case was handled |
| What it does | Forgives the conviction as a matter of law and restores certain rights, but does not by itself destroy the record | Destroys or removes the actual record from public access |
| Available for a standing conviction? | Yes — this is the primary route for relief from an actual conviction | Generally not for a conviction, absent a prior pardon; § 9122 is otherwise limited mostly to non-convictions and summary offenses |
| Typical sequence for an old conviction | Apply for pardon first; a merit review and possible public hearing follow | File the expungement petition after the pardon is granted, using the pardon as the basis for eligibility |
| Timeline | Often well over a year from application through a Governor's decision | Comparatively fast once eligibility is established, generally weeks to a few months in most counties |
| Discretion involved | Fully discretionary at both the Board and Governor stages, regardless of how much time has passed | More mechanical once eligibility is shown — the court generally grants a properly supported petition where the statutory criteria are met |
| Cost and complexity | Application, preparation for a possible hearing, and often significant lead time to gather records and letters of support | Filing fees and a more routine petition process, once the underlying eligibility issue (including any needed pardon) is resolved |
Scroll the table horizontally to compare every column. Statutory maximums are ceilings, not expected outcomes[1]. Nothing on this page is a prediction about a specific case.
Which one fits your case.
When the conviction itself is the obstacle
If Clean Slate sealing doesn't reach the offense and the record is an actual conviction rather than a dismissal or ARD, a pardon is usually the only way to eventually get that conviction expunged, so I start by evaluating whether a pardon application is realistic given the offense and the time that's passed.
When someone assumes a pardon erases the record by itself
A pardon forgives the conviction and restores rights, but it does not automatically remove the record from public view — I make sure clients understand that a separate expungement petition is still needed after the pardon to actually clear the docket.
When preparing a pardon application
The Board of Pardons weighs rehabilitation, time elapsed, and the nature of the offense, so I focus on building a record — employment history, community ties, absence of further contact with the justice system — that supports a merit review moving forward to a hearing.
When the record could be handled faster through sealing
Before recommending the pardon route, I check whether Clean Slate sealing under §§ 9122.1–9122.2 already reaches the conviction, since that process is faster and doesn't require executive clemency, even though it doesn't destroy the record the way a pardon-based expungement can.
Read next.
read more about the pardon process
What the Board of Pardons looks for and how the hearing stage works.
check general expungement eligibility
What § 9122 covers on its own, without a pardon.
see whether Clean Slate sealing reaches your conviction
A potentially faster alternative for lower-level convictions.
get your record reviewed for both options
Figure out whether a pardon, an expungement, or both apply to your situation.
learn about my general approach to record relief
How I evaluate cases for pardon, sealing, or expungement.
FAQ
Frequently asked questions.
Common questions about pardon vs. expungement in Pennsylvania.
No — a pardon forgives the conviction and restores certain rights, but the record itself still has to be expunged separately through a court petition under § 9122.
Generally no; § 9122 does not authorize expungement of most convictions unless a pardon has been granted first.
It varies, but applicants should expect the process, from application through a Governor's decision, to often take well over a year.
The Board of Pardons reviews the application and, for cases that proceed to a hearing, makes a recommendation; the Governor makes the final decision to grant or deny.
No — the process is discretionary at every stage, and no amount of time elapsed guarantees a favorable recommendation or a grant.
It's worth checking first, since sealing under §§ 9122.1–9122.2 may already reach the conviction without the time and discretion involved in a pardon application.
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Sources & statutory citations
- [1]Pa. Const. art. IV, § 9 — The Governor's pardon and commutation power — exercisable only on the written recommendation of a majority of the Board of Pardons.
- [2]37 Pa. Code Ch. 81 — Board of Pardons regulations — application, merit review, public hearing, and recommendation procedure.
- [3]18 Pa.C.S. § 9122 — Expungement 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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