Pardon me....

[bdevil73]

I have seen several questions posted in regards to getting a record expunged or getting a pardon. The Beaver County Times printed an article today giving some details of the expungement/pardon process. I found it interesting, and thought I would pass it along.

http://timesonline.com/articles/2008...f944182765.txt

Criminal pardons allow for a fresh start



By Bill Vidonic, Times Staff

Published: Wednesday, April 9, 2008 9:15 PM EDT
An Industry woman wants to obtain a nursing degree, but three indiscretions from her past have blocked her way.

In 1982, 1985 and 1990, the woman pleaded guilty to retail theft charges, one a summary offense and the others misdemeanors. According to court records, she took small items of food — nothing more than $10 each time.

Because she pleaded guilty, she can’t get her criminal record erased until she gets a pardon from Gov. Ed Rendell.

She is not alone.

Since Sept. 11, according to John Heaton, secretary of the Pennsylvania Board of Pardons, the number of pardon, or clemency, requests has skyrocketed because of an increasing number of background checks that are uncovering crimes committed long ago, most of them petty crimes.

In some cases, Heaton said, the process of receiving forgiveness for a crime can take up to thee years.

“There’s not a day goes by that I don’t see a new occupation where someone can’t get a job” because of their criminal record, Heaton said.

IN THE SERVICE

OF THE KING

Pardons are one of the last holdovers from the days before the founding of the United States, Beaver County District Attorney Anthony Berosh said.

The king of England had the power to issue a pardon, or forgiveness of a crime. That power was given to colonial governors and was kept as governors were appointed to lead individual states.

The president also has pardon authority. One of the most famous pardons, Berosh said, was when President Gerald Ford issued a pardon in 1974 to his predecessor, Richard Nixon, even though Nixon hadn’t been charged with any crimes.

Neither a judge nor a district attorney has the power to issue a pardon, Berosh said.

Heaton said of the five-member pardon board, which meets monthly in Harrisburg: “It’s the only place to go.”

PLEA FOR MERCY

Under state law, Beaver County Clerk of Courts Judy Enslen said, a person can only get an expungement, or erasure of a criminal record, for a “nonconviction offense.”

That means if a person was found guilty at trial or pleaded guilty, he first must get a pardon, a decree in which a person is declared innocent as if he never committed a crime.

Enslen said that once a pardon is granted, her office can only note the pardon, but the criminal record remains. But with a pardon, a person can seek an expungement for a guilty plea or conviction, and that’s the process the Industry woman is in the midst of doing.

“I realize how incredibly stupid I have been,” the woman, whom The Times is not identifying, wrote in her pardon application. “I cannot believe I ever did those things, and I am so sorry. I have not forgiven myself, and I am not sure I ever will.

“I am lucky to have parents whose love has been unconditional and they have given me support, and I have worked on building a spiritual self I need for better understanding and to learn.”

The woman’s attorney, Arnie Klein of Pittsburgh, said the board has approved the pardon request, and it’s now up to Gov. Rendell to grant or reject it. He hasn’t granted any yet this year.

According to records from the state Board of Pardons, Rendell has granted the vast majority of pardons recommended by the board.

DOES THE PUNISHMENT FIT?

In the case of the Industry woman, Berosh said he had no problem with her pardon request. District attorneys and those affected by the crime are asked to weigh in on a pardon request by the pardons board.

“This person has been a productive member of society, and she’s trying to advance her education,” Berosh said.

Heaton said he can think of many such people who have been forced to seek out a pardon. Many times, they are those with teaching degrees who are trying to get a full-time job.

Heaton pointed to examples of people who had worked as a teacher’s aide for years in a school district, but when seeking a full-time job, the theft of “a 35-cent pack of gum” was uncovered, and they were rejected.

Heaton said that to stop someone from teaching who may have had a minor shoplifting offense in his younger days “is absurd.”

Heaton said there are three pieces of legislation pending in Pennsylvania that would allow a person with minor criminal offenses to get his record expunged without having to get a pardon in the first place, though more serious offenses probably wouldn’t be included.

“The board is just so far behind,” Heaton said, “it needs to be done.”

Bill Vidonic can be reached online at bvidonic@timesonline.com.

[Philadelphia]

My initial reaction was a sarcastic remark to the effect that criminals should have no doubt that their crimes bear consequences and they are stuck with taking responsibility for their actions.

After thinking about it for a second, I changed my mind. If someone sticks to the straight and narrow for a certain number of years after some minor crime, odds are it was just a mistake or lapse in judgment and not an indication of overall character, or that their character has changed for the better. If a criminal rejoins society and demonstrates their productive membership in it (over the course of enough time), society should recognize that and accept their return.

[crlovel]

Agreed. I am all for the harshest prosecution of one who refuses to be a contributor, but when a criminal has demonstrated that they are capable of giving to society and not being a burden, they deserve support.

[PA Rifleman]

... If someone sticks to the straight and narrow for a certain number of years after some minor crime, odds are it was just a mistake or lapse in judgment and not an indication of overall character, or that their character has changed for the better. If a [former-PA R] criminal rejoins society and demonstrates their productive membership in it (over the course of enough time), society should recognize that and accept their return.

Absolutely. If a "reformed" party in this situation faces an unforgiving society, what motivation do they have for reformation? It's as if the guilty status is permanent and unchanging.

While some may argue that past behavior can be an indication of future activity, minor non-violent acts should be automatically expunged if the party's "activities" are dormant for x number of years.