Overview
The expedited review process allows for a faster, more streamlined assessment of applicants with minor criminal records who pose a low risk of committing new crimes. The expedited review process does not guarantee that you will receive a public hearing or be granted clemency. This review process eliminates the wait time during application review and investigations.
Eligibility
Applicants must meet the following criteria to be considered for an expedited clemency review.
If you do not meet the following criteria, your application will not be sent to the Board of Pardons for expedited review. You will still be considered through the standard clemency process.
Were you charged with any of the following offenses?
The following offenses will disqualify you from applying for an expedited review. If you are disqualified from the expedited process, you may still apply for clemency through the standard process.
- 18 Pa. C.S. §912 – Possession of firearm on school property
- 18 Pa. C.S. §913 – Possession of firearm in court facility
- 18 Pa. C.S. §6105 – Persons not to possess, use, manufacture, control, sell or transfer firearms.
- 18 Pa. C.S. §6106 – Firearms not to be carried without a license.
- 18 Pa. C.S. §6108 – Firearms not to be carried on public property in Philadelphia.
- 18 Pa. C.S. § 6110.1. – Possession of firearm by minor.
- 18 Pa. C.S. §6110.2 – Possession of firearm with altered manufacturer's number
- Any offense under Chapter 25 of the PA Crimes Code relating to Criminal Homicide, 18 Pa. C.S. §§2501-2507.
- Any offense under Chapter 26 of the PA Crimes Code relating to Crimes Against Unborn Child, 18 Pa. C.S. §§2601-2606.
- Any offense under Chapter 27 of the PA Crimes Code relating to Assault, 18 Pa. C.S. §§2701-2719.
- Any offense under Chapter 29 of the PA Crimes Code relating to Kidnapping, 18 Pa. C.S. §§2901-2909.
- Any offense under Chapter 30 of the PA Crimes Code relating to Human Trafficking, 18 Pa. C.S. §§3011-3017.
- Any offense under Chapter 31 of the PA Crimes Code relating to Sexual Offenses, 18 Pa. C.S. §§3121-3133, or Failure to Comply with Registration Requirements, 18 Pa. C.S.§§4915.1-4915.2.
- Controlled substance contraband to confined persons prohibited, 18 Pa. C.S. §5123(a)
- Administration, dispensing, delivery, gift, or prescription of a controlled substance by a practitioner, 35 P.S. 780-113(14)
- Homicide by Vehicle, 75 Pa. C.S. §3732
- Aggravated Assault by Vehicle, 75 Pa. C.S. §3732.1
- Fleeing or attempting to elude police officer, graded as a felony, 75 Pa. C.S. §§3733(a), (a.2(2))
- Homicide by vehicle while DUI, 75 Pa. C.S. §3735
- Aggravated assault by vehicle while DUI, 75 Pa. C.S. §3735.1
- Accidents involving death or personal injury, graded as a felony, 75 Pa. C.S. §3742.
- Accidents involving death or personal injury while not personally licensed, graded as a felony, 75 Pa. C.S. §3742.1.
- Incest of a minor, 18 Pa. C.S. §4302(b)
- Concealing death of Child, 18 Pa. C.S. §4303
- Endangering the Welfare of Children, 18 Pa. C.S. §4304
- Dealing in Infant Children, 18 Pa. C.S. §4305
- Corruption of Minors, 18 Pa. C.S. §6301
- Sexual Abuse of Children, 18 Pa. C.S. §6312
- Unlawful Contact with minor, 18 Pa. C.S. §6318
- Solicitation of Minors to traffic drugs, 18 Pa. C.S. §6319
- Sexual exploitation of children, 18 Pa. C.S. §6320
- Promoting Prostitution of Minor, 18 Pa. C.S. §5902(b.1)
- Obscene and other sexual materials and performances where victim is a minor and graded as a felony, 18 Pa. C.S. §§5903(a), (a.1)
- Burglary of residence/person present, 18 Pa. C.S. 3502(a)(1)
- Any offense under Chapter 37 of the PA Crimes Code relating to Robbery, 18 Pa. C.S. §§3701-3702.
- Threats in official or political matters, graded as a felony, 18 Pa. C.S. §4702.
- Any offense under Chapter 49B of the PA Crimes Code relating to Victim and Witness Intimidation, 18 Pa. C.S. §§4952-4958.
- Disarming law enforcement officer, 18 Pa. C.S. §5104.1
- Escape, graded as a felony, 18 Pa. C.S. §5121.
- Abuse of Corpse, 18 Pa. C.S. §5510
- Invasion of privacy, 18 Pa. C.S. §7507.1
- Arson and related offenses under 18 Pa. C.S. §3301
- Causing or risking catastrophe, 18 Pa. C.S. §3302
- Ecoterrorism, 18 Pa. C.S. §3311
How long has it been since your last contact with the criminal justice system?
You cannot apply for an expedited review unless a specific amount of time has passed since your last contact with the criminal justice system.
Five years since last contact
Eligible if the applicant has only one case involving any of the following offenses:
- Misdemeanor Retail Theft
- Marijuana-related misdemeanor possession offenses, including:
- 35 P.S. §780-113(16)
- 35 P.S. §780-113(31)
- 35 P.S. §780-113(32)
Ten years since last contact
- Eligible if the applicant has only one criminal case, regardless of the offense type
Fifteen years since last contact
- Eligible if the applicant has more than one criminal case
Please note: Even if you meet the criteria for expedited review, the Board of Pardons has discretion to choose to review your application through the standard clemency process instead.
Application review process
Upon receiving your application, Board of Pardons staff will:
- Conduct a review of your application to confirm you meet the criteria.
- Decide whether your application will be reviewed through expedited review or the standard clemency process.
- Notify applicants of the decision by mail and/or email.
- Send applicants moving forward in the expedited process a questionnaire to complete.
If the Board of Pardons decides your application is not a fit for expedited review, your application will be reviewed through the standard process. You do not need to re-apply.
Frequently asked questions
Your last contact with the criminal justice system can include any of the following:
- Expiration of applicant's maximum sentence (e.g. expiration of incarceration sentence and parole period if any; expiration of probation)
- An arrest–unless the charges were dismissed by the prosecutor or court and are otherwise eligible for expungement under Pennsylvania's Clean Slate Law, 18 Pa. C.S. §9122
- Expiration of a final Protection from Abuse (PFA) order
- PFA contempt
- A non-traffic summary citation (e.g. harassment, retail theft, disorderly)
Examples
- If an applicant has maxed out on their sentence but gets a final PFA issued against him or her 3 years later, the required 10- or 15-year period before the applicant is eligible for the expedited review program begins at the expiration of the PFA.
- If an applicant has maxed out on his or her sentence but gets a summary retail theft citation 6 years later, the required 10-to-15-year period begins to run from the date of the citation.
- If an applicant has maxed out on his or her sentence but gets arrested 9 years later and that arrest is still pending in the courts at the time the applicant would otherwise be eligible to apply for expedited review, the applicant will not be deemed eligible unless and until the charges are dismissed.
A case refers to the prosecution resulting from a single criminal act or episode. This encompasses all the offenses for which an individual was convicted in one single prosecution.
Examples
- If an applicant is arrested once after selling drugs and is convicted because of that singular prosecution of possession with intent to distribute, criminal use of a communication device and possession of drug paraphernalia, that singular prosecution counts as one case although it resulted in a conviction for multiple offenses.
- If an applicant was arrested on multiple occasions for retail theft on different dates and is convicted of retail theft for each of those separate criminal acts, each prosecution constitutes a separate case even if the applicant is convicted and sentenced for each on the same day.