The journey started April 1, 2020

[jackandstacey]

Filed for my pardon on April 1, 2020 for a prohibiting DUI from 2004. Wolf signed the pardon on Feb. 15. Is it to early to apply for my CCW?

[Walleye Hunter]

Is there anything that you have to do after he signs it? Something makes me think that you do but I don't know for sure. Do you have to send a copy of it to PSP? You could call your sheriff and ask them, since they are the ones you'll be seeing face to face.

[JoshIronshaft]

No idea, but congrats!

[jackandstacey]

No idea, but congrats!

Thanks Josh. I'm actually very surprised at how smooth the process went. I thought it was ironic that it all started on April fools day, considering how much of a joke the system is. I was told back then that it would take about 3.5 years.

[jackandstacey]

According to their website I don't need to do anything else. Just wondering how fast PSP updates their system.

" 6. Will my record be cleared if I'm granted a pardon?

When the Governor signs your pardon application, both the Pennsylvania State Police (PSP) and the Federal Bureau of Investigations (FBI) are notified that executive clemency has been extended to you. Therefore, any subsequent inquiry made to either of these agencies would not yield any criminal history record(s) that you received a pardon for.
It is important to note that unless a pardon recipient files a petition for expungement following the issuance of a pardon, their criminal history record(s) may still appear on the Unified Judicial System of Pennsylvania's Web Portal (which is not permitted to be used for background check purposes). However, on October 29, 2020, Governor Wolf signed House Bill 440 into law as Act 83 of 2020, which automatically removes all criminal history records from the Unified Judicial System of Pennsylvania's Web Portal that were pardoned by the Governor."

[bogey1]

Character clause. If the sheriff sees you had a dui, she can use that against you.

[Walleye Hunter]

According to their website I don't need to do anything else. Just wondering how fast PSP updates their system.

" 6. Will my record be cleared if I'm granted a pardon?

When the Governor signs your pardon application, both the Pennsylvania State Police (PSP) and the Federal Bureau of Investigations (FBI) are notified that executive clemency has been extended to you. Therefore, any subsequent inquiry made to either of these agencies would not yield any criminal history record(s) that you received a pardon for.
It is important to note that unless a pardon recipient files a petition for expungement following the issuance of a pardon, their criminal history record(s) may still appear on the Unified Judicial System of Pennsylvania's Web Portal (which is not permitted to be used for background check purposes). However, on October 29, 2020, Governor Wolf signed House Bill 440 into law as Act 83 of 2020, which automatically removes all criminal history records from the Unified Judicial System of Pennsylvania's Web Portal that were pardoned by the Governor."

OK, there it is, I knew there was something. You need to go the courthouse where you were processed to start with and file for an expungement. They say that Wolf ordered them removed but I would make sure that they were. And I wouldn't bank on them not using that against you, our laws are for us, not them.

[GunLawyer001]

According to their website I don't need to do anything else. Just wondering how fast PSP updates their system.

" 6. Will my record be cleared if I'm granted a pardon?

When the Governor signs your pardon application, both the Pennsylvania State Police (PSP) and the Federal Bureau of Investigations (FBI) are notified that executive clemency has been extended to you. Therefore, any subsequent inquiry made to either of these agencies would not yield any criminal history record(s) that you received a pardon for.
It is important to note that unless a pardon recipient files a petition for expungement following the issuance of a pardon, their criminal history record(s) may still appear on the Unified Judicial System of Pennsylvania's Web Portal (which is not permitted to be used for background check purposes). However, on October 29, 2020, Governor Wolf signed House Bill 440 into law as Act 83 of 2020, which automatically removes all criminal history records from the Unified Judicial System of Pennsylvania's Web Portal that were pardoned by the Governor."

Act 83 doesn't do that, it expunges acquittals in court. Not pardons. It doesn't mention pardons at all.

Maybe they interpret a pardon as a judicial acquittal, except that a pardon is an EXECUTIVE order, not part of the judicial system.

§ 9122. Expungement.

(a) Specific proceedings.--Criminal history record information shall be expunged in a specific criminal proceeding when:

(1) no disposition has been received or, upon request for criminal history record information, no disposition has been recorded in the repository within 18 months after the date of arrest and the court of proper jurisdiction certifies to the director of the repository that no disposition is available and no action is pending. Expungement shall not occur until the certification from the court is received and the director of the repository authorizes such expungement;

(2) a court order requires that such nonconviction data be expunged;

(3) a person 21 years of age or older who has been convicted of a violation of section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages), which occurred on or after the day the person attained 18 years of age, petitions the court of common pleas in the county where the conviction occurred seeking expungement and the person has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges imposed pursuant to section 6310.4 (relating to restriction of operating privileges). Upon review of the petition, the court shall order the expungement of all criminal history record information and all administrative records of the Department of Transportation relating to said conviction; or

(4) a judicial determination has been made that a person is acquitted of an offense, if the person has been acquitted of all charges based on the same conduct or arising from the same criminal episode following a trial and a verdict of not guilty. This paragraph shall not apply to a partial acquittal. A judicial determination under this paragraph may only be made after the following:

(i) The court provides notice in writing to the person and to the Commonwealth that the person's criminal history record information will be automatically expunged pursuant to this section.

(ii) Upon receipt of the notice under subparagraph (i), the Commonwealth shall have 60 days to object to the automatic expungement on the basis that the person has not been acquitted of all charges relating to the same conduct, arising from the same criminal episode or otherwise relating to a partial acquittal.

(iii) Upon the filing of an objection, the court shall conduct a hearing to determine whether expungement of the acquittal relates to the same conduct, arises from the same criminal episode or otherwise relates to a partial acquittal. The hearing may be waived by agreement of both parties and the court.

(iv) Following the hearing, or if no objection has been filed or the hearing has been waived, the court shall order that the person's criminal history record information be automatically expunged unless the court determines the expungement relates to the same conduct, arises from the same criminal episode or otherwise relates to a partial acquittal. Expungement shall occur no later than 12 months from the date of acquittal.

(b) Generally.--Criminal history record information may be expunged when:

(1) An individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision.

(2) An individual who is the subject of the information has been dead for three years.

(3) (i) An individual who is the subject of the information petitions the court for the expungement of a summary offense and has been free of arrest or prosecution for five years following the conviction for that offense.

(ii) Expungement under this paragraph shall only be permitted for a conviction of a summary offense.

(b.1) Prohibition.--A court shall not have the authority to order expungement of the defendant's arrest record where the defendant was placed on Accelerated Rehabilitative Disposition for a violation of any offense set forth in any of the following where the victim is under 18 years of age:

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 5902(b) (relating to prostitution and related offenses).

Section 5903 (relating to obscene and other sexual materials and performances).

(c) Maintenance of certain information required or authorized.--Notwithstanding any other provision of this chapter, the prosecuting attorney and the central repository shall, and the court may, maintain a list of the names and other criminal history record information of persons whose records are required by law or court rule to be expunged where the individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program or where the court has ordered expungement under this section. Such information shall be used solely for the purposes of determining subsequent eligibility for such programs, identifying persons in criminal investigations or determining the grading of subsequent offenses. Such information shall be made available to any court or law enforcement agency upon request.

(d) Notice of expungement.--Notice of expungement shall promptly be submitted to the central repository which shall notify all criminal justice agencies which have received the criminal history record information to be expunged.

(e) Public records.--Public records listed in section 9104(a) (relating to scope) shall not be expunged.

(f) District attorney's notice.--The court shall give ten days prior notice to the district attorney of the county where the original charge was filed of any applications for expungement under the provisions of subsection (a)(2).

[Gman106]

Not sure the answer for the OP, but in a related question, is a DUI automatically prohibiting for eligibility for a LTCF?

[Walleye Hunter]

Not sure the answer for the OP, but in a related question, is a DUI automatically prohibiting for eligibility for a LTCF?

I think it is for a certain number of years. I have a friend who has one of each, one DUI and one LTCF.