How to Restore Your Civil Rights After Prison in PA

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Last Updated on: 10th October 2023, 07:32 pm

How to Restore Your Civil Rights After Prison in PA

Losing your civil rights after being convicted of a crime can make life really difficult. You may not be able to vote, serve on a jury, hold public office, or own a firearm. Fortunately, there are ways to get your rights back in Pennsylvania through pardons, expungement, and other legal processes. This article will explain everything you need to know about restoring your civil rights in PA.

Voting Rights

In Pennsylvania, only people who are currently incarcerated for a felony conviction lose their right to vote. Once you are released from prison, your right to vote is automatically restored^[1]. So if you were convicted of a felony, you’ll be able to vote again as soon as you get out of prison.

If you were convicted of a misdemeanor, you do not lose your voting rights at all – even while incarcerated. So misdemeanors do not affect your ability to vote in PA.

Right to Hold Public Office

The Pennsylvania Constitution bars anyone convicted of “embezzlement of public moneys, bribery, perjury or other infamous crime” from holding public office, unless pardoned^[1]. This applies to any felony conviction.

To regain your right to hold public office, you need a pardon from the Governor. This requires applying to the Board of Pardons and getting their approval first. The pardons process can take several years in PA.

Right to Serve on a Jury

You cannot serve on a jury in Pennsylvania if you have been convicted of a crime punishable by more than 1 year in prison, unless pardoned^[1]. This includes all felony convictions.

To restore your right to serve on a jury, you need a pardon from the Governor after getting approval from the Board of Pardons, just like with the right to hold public office.

Right to Own a Firearm

In Pennsylvania, people convicted of felonies or certain misdemeanors lose their right to own firearms under state law. Some of the disqualifying misdemeanors include DUIs, drug possession, and domestic violence^[2].

You can get your gun rights back by applying for a pardon from the Governor or getting your record expunged by the courts. Expungement is only available for some minor offenses though^[3]. Getting a pardon is usually the best option.

Keep in mind that federal law may still prohibit you from owning a gun though, even if you get a pardon from the state. But in many cases, a state pardon will satisfy federal requirements too^[2].

Applying for a Pardon

To get a pardon in PA and restore your civil rights, you need to go through the PA Board of Pardons. Here are the steps:

1. Get a pardon application from the Board of Pardons website or by calling them
2. Fill out the application accurately and completely
3. Submit the application along with required documents like photos and court records
4. Wait for the Board to schedule a hearing, which may take several years
5. Attend your hearing and explain why you should be pardoned
6. If approved, the Board will recommend you to the Governor for a pardon
7. The Governor will then decide whether to grant you a pardon

The pardons process is very long and thorough in PA, so you need patience. But it’s the main way to get your civil rights back. Consider working with a lawyer to help with your pardon application.^[4]

Other Ways to Restore Rights

In limited cases, you may be able to restore some rights without a pardon:

• Expungement – Clears your record for minor offenses and restores related rights
• Certificate of Rehabilitation – May satisfy some employment requirements
• Court Order – A judge can restore rights if pardons board is backlogged

But for most people with felony convictions, getting a pardon is the main path to restoring your civil rights in Pennsylvania. Be patient, follow the process, and focus on showing how you’ve turned your life around.^[5]

Regaining your rights takes time, but it’s possible if you stay committed. With the right help and guidance, you can get your civil rights back and move on with your life after prison.

References

1. [1] Pennsylvania Restoration of Rights & Record Relief – CC Resource Center
2. [2] How to Get Gun Rights Restored in Pennsylvania | McKenzie Law Firm, P.C.
3. [3] Pennsylvania Consolidated Statutes Title 18 § 6105
4. [4] Voting Rights – Pennsylvania Department of Corrections
5. [5] Reentry & Transitional Services – Pennsylvania Department of Corrections