A felony conviction can have lasting implications on a person’s life, from employment opportunities to housing options and reputational harm. Understandably, individuals who have completed their sentences often seek ways to clear their records and start anew. The question many Pennsylvanians face is whether a felony conviction can be expunged under state law, and if not, what alternatives might be available.
This blog provides an in-depth look into the expungement process in Pennsylvania, focusing on the eligibility of felony convictions. It also explores related legal avenues, such as pardons, and highlights the challenges and importance of seeking expert legal representation. If you or a loved one are struggling with the weight of a felony conviction, understanding your rights and options is the first step toward rebuilding your future.
What Is Expungement?
Expungement is the legal process of erasing or sealing criminal records, making them inaccessible to the public. When a record is expunged, it is as though the conviction or arrest never occurred. Potential employers, landlords, and most members of the general public cannot view expunged records, although certain law enforcement agencies and courts may still have access in limited situations.
Why Expungement Matters
Having a criminal record, especially one involving a felony, can significantly hinder an individual’s ability to move forward in life. Some of the most common impacts include:
- Employment: Many employers conduct background checks, and a felony conviction can disqualify applicants for numerous job opportunities.
- Housing: Landlords might deny rental applications based on a criminal record, making it more difficult to find stable housing.
- Education: A criminal record might restrict access to scholarships, financial aid, or specific academic programs.
- Reputation: Personal and professional relationships can suffer due to the stigma of a conviction.
Expungement provides a pathway to mitigate these challenges, helping individuals restore their reputation and opportunities.
Can Felony Convictions Be Expunged in Pennsylvania?
The short answer is that felony convictions are generally not eligible for expungement in Pennsylvania. The state has strict limitations on what can and cannot be expunged, with most felony offenses falling outside the scope of eligibility. However, understanding these rules in detail can clarify what options remain for those with a felony record.
Expungement Eligibility in Pennsylvania
Under Pennsylvania law, criminal records can be expunged in the following circumstances:
- Non-Convictions: Arrests that did not result in a conviction. For example, charges that were dismissed, withdrawn, or resulted in an acquittal.
- Summary Offenses: Minor offenses, such as disorderly conduct, may be eligible for expungement after five years if no further criminal offenses are committed.
- Juvenile Records: Certain juvenile convictions can be expunged under specific conditions.
- Age-Related Expungement: Individuals aged 70 or older who have been offense-free for at least ten years since their release from confinement or supervision may qualify.
- ARD Program Completion: Those who successfully complete Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program may have their charges expunged.
Unfortunately, felony convictions do not fall within these categories, leaving individuals with felonies to seek alternative remedies.
Exceptions for Special Cases
While state law prohibits the expungement of most felony convictions, certain exceptions may apply. For example, individuals convicted of low-level felonies who meet other criteria might be eligible under specific diversionary programs. However, these scenarios are relatively rare.
What Are the Alternatives to Expungement for Felonies?
Since felony convictions cannot typically be expunged in Pennsylvania, individuals often pursue other legal avenues to reduce the impact of their record. One of the most common alternatives is seeking a pardon.
Pardons in Pennsylvania
A pardon is an official forgiveness granted by the Pennsylvania Board of Pardons and the Governor. While it does not erase the record entirely, a pardon acts as a powerful tool for securing post-conviction relief. Once a pardon is granted, the individual becomes eligible to file for expungement, allowing them to eliminate their record entirely.
How the Pardon Process Works:
- Application Submission: Individuals must submit a detailed application to the Pennsylvania Board of Pardons, outlining their case and reasons for requesting clemency.
- Review and Hearing: The Board reviews the case and may schedule a public hearing to gather additional information.
- Governor’s Approval: If the Board recommends a pardon, the Governor must approve it to finalize the process.
While obtaining a pardon can be time-intensive—taking months or years—it offers hope for individuals with felony convictions who wish to clear their records.
Commutations
A commutation is another possible alternative. Unlike a pardon, which forgives the conviction entirely, a commutation reduces the penalty associated with a sentence, such as replacing confinement with probation. Though it does not lead to expungement, it can improve quality of life, particularly for those still serving sentences.
Other Potential Relief Measures
- Sealing Records Through Clean Slate Laws: Pennsylvania’s Clean Slate Law allows for the automatic sealing of certain criminal records, though felonies are generally excluded unless related to low-level offenses.
- Legal Assistance in Navigating Opportunities: A skilled attorney can review your case to identify any overlooked opportunities for post-conviction relief under existing Pennsylvania statutes.
The Challenges of Living With a Felony Record
The inability to expunge a felony conviction can result in significant ongoing repercussions. Many individuals struggle with:
- Social Isolation: Felony records often carry stigma, impeding relationships and community involvement.
- Professional Growth Barriers: Employment opportunities may become limited due to background check policies.
These challenges illustrate the importance of seeking legal guidance to either mitigate or remove the barriers created by a criminal record.
Real-Life Example:
A former offender, applying for a commercial driver’s license, finds their dream job halted by their felony record. Seeking a pardon not only clears their criminal history but opens doors to pursuing their career ambitions without prejudice.
Addressing such challenges through legal action is a step toward regaining independence and dignity.
The Importance of Skilled Legal Representation
Navigating complex laws governing exp