As Pennsylvania continues to see significant activity in the Board of Pardons process, there’s a lot for applicants and advocates to understand. From what happens leading up to a pardon hearing, what comes after, and how the recent confirmation of a new board member might shape the way pardon applications are reviewed. This week our team watched the February Board of Pardon Hearing sessions and took note of what we found during these hearings.
What to Expect Before and After a Pardon Hearing
For starters, many Pennsylvanians pursuing a pardon feel the process can be long and complex… and that’s because it is. After submitting a complete application with required court documents and personal statements, several key steps lead up to a public hearing:
- Investigation & Review: Once an application is filed with the Board of Pardons, it begins with an internal investigation and review. This typically includes background checks and interviews. In some cases, applicants may receive an interview request from the Department of Corrections or an Expedited Review Questionnaire if the Board determines eligibility for that route. These interviews or questionnaires are an important part of assessing a case but are not the public hearing itself.
- Merit Review: After the investigative phase, the Board holds a live Merit Review session where the Board members publicly vote on whether an application has met the standard to move forward to a public hearing. A majority vote of 2 out of the 5 Board members are required at this stage.
- Public Hearing: If approved in Merit Review, your case is scheduled for a virtual public hearing. During the hearing, the Board may ask questions about your record, life after conviction, and reasons for seeking clemency. At the conclusion of the hearing sessions, the Board votes again on whether to recommend your case to the Governor. In order to have your case recommended to the Governor, you will need 3 out of the 5 Board members vote.
- After the Hearing: If recommended, the case goes to the Governor’s desk for final review. The Governor may approve or deny the recommendation, and pardons that are granted now result in automatic expungement of the record — though the timing of the expungement process can vary, and families often aren’t notified directly when it’s completed. Record Eraser assists our clients confirmation of expungement by requesting a specific document from the Pennsylvania State Police.
This process, from initial filing to final decision, is currently estimated to take roughly 5 to 10 years in many cases due to increased volume and limited resources at the Board’s disposal.
A New Face on the Board: Dr. John S. O’Brien II
Just this month, the Pennsylvania Senate confirmed Dr. John S. O’Brien II to fill a vacant seat on the Board of Pardons. Governor Josh Shapiro nominated O’Brien, a psychiatrist and attorney, to the panel, and the Senate approved his appointment despite notable objections from some criminal justice reform advocates and public defenders.
O’Brien brings a unique background to the Board as he has spent decades as a clinician and expert witness in high-profile criminal cases and holds both a medical degree and a law degree.
Advocates who opposed his nomination cautioned that his extensive work as a state’s witness in prosecution contexts, especially in cases involving juvenile rehabilitation, raised concerns about how he might view clemency and rehabilitation. However, his supporters and the governor’s office expressed confidence that his experience would be an asset to the Board.
Despite concerns, the Senate confirmed O’Brien 38 to 10, and he is now an official member of Pennsylvania’s Board of Pardons.
This Month’s Public Hearing Sessions
This month’s Board of Pardons public hearing sessions brought a significant number of cases before the Board, with 153 applications reviewed over the course of the sessions. Each applicant who reached this stage had already advanced through the investigative process and merit review, meaning their cases were formally presented for final consideration by the Board.
At the conclusion of each public hearing session, the Board votes on whether to recommend an application to the Governor. A majority vote is required for most cases to move forward. If recommended, the application is sent to the Governor for final review and decision. If not recommended, applicants may reapply in a year. While the public hearing is a major milestone, it is not the final step, the Governor retains full discretion in granting or denying clemency.
Given Dr. John S. O’Brien II recently appointment to the Board, he was excused from this month’s hearings and voting, leaving only four Board members eligible to vote: Marsha Grayson, Harris Gubernick, Attorney General Dave Sunday, and Lieutenant Governor Austin Davis.
What This Means for Applicants
For people considering or already in the pardon process, it’s essential to understand both the procedural steps and the human context around them:
- These hearings are not just paperwork, they are thoughtful, deliberate evaluations of lives, growth, and rehabilitation.
- Board members’ backgrounds and perspectives, including new additions like Dr. O’Brien, can influence the questions asked and the decisions made.
- Even after a public hearing, final approval rests with the Governor.
Understanding the evolving changes of the Board of Pardons helps applicants set realistic expectations and prepare for the long but hopeful path toward a fresh start.
How We Help (And Why Representation Matters)
While anyone can apply for a Pennsylvania pardon, not everyone is positioned for success. We start by conducting a full review of your record — including obtaining a Pennsylvania State Police Full Access Review — to ensure we know exactly what is on your history before anything is filed. From submission forward, we handle all communication with the Board of Pardons, track your case through every stage (interview, expedited review if eligible, merit review, hearing preparation, and final confirmation from the Governor), and guide you through the years-long wait so your application reflects real growth and redemption when it matters most.
We are not a traditional hourly law firm. Because the pardon process can take 5–10 years, our flat-rate structure ensures you are represented from start to finish without worrying about being billed for phone calls, emails, or updates. We understand the real-life barriers our clients face in employment, housing, and education, and we offer flexible payment options to meet you where you are. If you’re unsure whether a pardon is right for you, we continue to provide free record research and a free consultation so you can move forward with clarity and confidence.
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