At Hochberg, Levin & Zeiger, LLP, our pardon clients are always curious about the difficulty in obtaining a pardon. Two types of clemency exist in Pennsylvania: clemency for those who have completed their entire sentence which is called a "Pardon", and clemency for those who are still serving their sentence called a "Commutation of Sentence". The Pennsylvania Board of Pardons, in its discretion, reviews pardon applications and then determines whether they will grant a hearing for the individual. The Board of Pardons does NOT disclose its criteria for granting hearings or granting pardons. However, the Board of Pardons does disclose some guidance on the factors considered in their determination. When determining whether clemency should be granted for pardon applicants, the Board of Pardons may treat each case individually and weigh the actual case specific factors of the underlying crime against the overall application. Some of the publicly listed factors:

Pardon:

• Time elapsed since completion of sentencing requirements.
• Fulfillment of all sentencing requirements, including fines and costs.
• Positive life changes.
• Compelling need for the Pardon.
• Impact on the victim.

Commutation of Sentence:

• Appeals exhausted.
• Status of parole.
• How much time has been served.
• Status and resolution of misconducts, if any.
• Work record while in custody and completiton of programs.
• Impact on the victim.

At Hochberg, Levin & Zeiger LLP our Philadelphia, Pennsylvania expungement pardon lawyers prepare the pardon application for our clients and our Philadelphia, Pennsylvania expungement pardon attorneys attend the pardon hearing when appropriate.

 

Statue:

71 P.S. § 299 (2006)

§ 299.  (Adm. Code § 909). Board of pardons


    (a) The Board of Pardons shall have the power to hear applications for the remission of fines and forfeitures, and the granting of reprieves, commutations of sentence, and pardons, except in cases of impeachment, and to make recommendations in writing to the Governor thereon, in the manner provided in and under and subject to Article IV, Section 9, of the Constitution of this Commonwealth.
 
   (b) Hearings relating to the granting of reprieves, commutations of sentences and pardons for prisoners serving life sentences or sentences for crimes of violence may only be granted upon approval by a vote of a majority of the members of the Board of Pardons.
 
   (c) The Board of Pardons shall adopt rules and regulations governing its actions and no hearings or recommendations shall be contrary thereto. In cases involving applicants under sentence of death, the application shall be filed within ten days of the Governor's issuance of a warrant specifying a week for execution.
 
   (d) The Board of Pardons shall provide notice to victims as defined under section 479.1 registered with the Department of Corrections, the Pennsylvania Board of Probation and Parole or the Board of Pardons of the opportunity to offer prior comment on any application which has been granted a hearing by the board pertaining to their case. A victim's prior comment may be oral or written and shall be considered by the board as to the advisability of any pardon or related release and any conditions of release. The board shall provide notice to victims of the date, time and place of any hearing pertaining to their case.
 
   (e) Where the Board of Pardons chooses to hear the application of an inmate serving a life sentence or a sentence of death or an inmate serving a sentence for murder of the third degree, voluntary manslaughter, attempt to commit murder of the third degree or attempt to commit voluntary manslaughter, each member of the Board of Pardons shall interview the inmate.
 
   (f) Where the Board of Pardons recommends clemency for an applicant described under subsection (e), it shall place in the recommendation to the Governor the requirement that the inmate serve at least one year in a prerelease center prior to the inmate's release on parole unless transfer of the inmate to a prerelease center is not appropriate due to a certified terminal illness.
 
   (g) A commutation order signed by the Governor for an inmate described under subsection (e) shall contain the requirement that the inmate serve at least one year in a prerelease center prior to the inmate's release on parole unless transfer of the inmate to a prerelease center is not appropriate due to a certified terminal illness.
 
   (h) As used in this section, the term "crime of violence" means:
 
   (1) Murder of the third degree, voluntary manslaughter, rape, sexual assault, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) (relating to aggravated assault), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery) or kidnapping.
 
   (2) An attempt to commit voluntary manslaughter, rape, sexual assault, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1), robbery as defined in 18 Pa.C.S. § 3701 (a)(1)(i), (ii) or (iii) or kidnapping.
 
   (3) An offense committed while in visible possession of a firearm for which sentencing was imposed under 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms).