A criminal record can continue to affect your employment opportunities, housing applications, professional licensing, and other important aspects of life long after a case has ended. Understanding whether an expungement or a pardon is the right option is an important step in moving towards a brighter future. At Chieppor & Egner, our Lancaster criminal defense attorneys help clients evaluate their options under Pennsylvania law and pursue the legal remedy that fits their unique circumstances.
Understanding the Difference Between Expungement and a Pardon
Although both expungements and pardons can help reduce the impact of a criminal record, they are not the same legal process.
An expungement removes eligible criminal records from public access. Once a record has been expunged, it generally no longer appears in most background checks. Pennsylvania law allows certain criminal records to be expunged, but not every case qualifies.Â
A pardon is an act of executive clemency granted by the Governor of Pennsylvania after a recommendation from the Pennsylvania Board of Pardons. A pardon does not automatically erase a criminal record. However, after receiving a pardon, an individual may become eligible to petition the court for expungement of the pardoned offense.
Because eligibility requirements differ depending on the type of offense and the outcome of the case, it is important to work with experienced legal counsel before deciding which option to pursue.
When Is an Expungement Available?
Not every criminal conviction qualifies for expungement. Pennsylvania law limits eligibility based on the type of offense and the individual’s criminal history. Expungement may be available in cases where:
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Criminal charges that were dismissed. For example, a theft charge that was withdrawn by the prosecutor due to lack of proof.
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Criminal charges that resulted in a not guilty verdict. For example, being acquitted of DUI after breath test results were successfully challenged.
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Certain summary offenses after the required waiting period has passed, such as an underage drinking citation.
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Cases involving individuals who meet other eligibility requirements established under Pennsylvania law. For example, you were arrested, but charges were never filed.
When Should Someone Consider a Pardon?
A pardon may be the better option when a conviction is not eligible for direct expungement. The pardon process is more detailed and typically requires submitting a formal application, supporting documentation, and appearing before the Pennsylvania Board of Pardons if the application moves forward.
Although obtaining a pardon can take time, it may provide an opportunity for individuals with older convictions to eventually clear their records through the expungement process.Â
Consult With an Experienced Criminal Defense Lawyer in Lancaster
If you are ready to explore whether an expungement or pardon may help clear your criminal record, our criminal defense lawyers in Lancaster are here to help. Having spent years working in the Lancaster County District Attorney’s Office, Jonathan Chieppor and Alex Egner use that experience to inform their defense strategies for clients throughout Lancaster County, York County, and Berks County. Contact Chieppor & Egner today to discuss your options for free with a skilled criminal defense lawyer in Lancaster by calling 717-393-1400 or through our online contact form.
