Newsletter Vol 5 No 7

July 2023

As this newsletter was going through final edits, the Board of Pardons announced that it would consider many convictions on an expedited basis. The new guidelines apply when the last contact with the criminal justice system was 5, 10 and 15 years ago. In general terms, crimes that involved violence, sex, or abuse of children do not qualify; but a great many others do. Read the new rules here. Kudos to the Board of Pardons, Lt. Gov. Austin Davis, and BOP Secretary Shelley Watson for this wonderful development!

In Philly, we’re accustomed to law firms having lots of lawyers; but that’s just not the way it is in most of the state where lawyers typically practice by themselves or in very small firms- firms smaller than PLSE. So how can we best help them? By having them hear from lawyers who share that kind of practice.

On July 27, Megan Will (solo practitioner in Somerset County) and Suzanne Smith (who practices in Adams and York Counties) presented “Forgiven but Not Forgotten: Expungements and Pardons in Pennsylvania” at the annual conference of the PA Bar Association’s Solo and Small Firm Section. They explained how to make the elimination of criminal records profitable as well as pro bono. Their article about pardons was also published in the Section’s summer newsletter. In addition to being terrific attorneys, Megan and Suzanne are leaders of the Pardon Projects in their counties – and leaders by example for others like them around the state.

PLSE held our first pardon clinic with Simpson Thacher in April. Simpson Thacher attorneys, in partnership with a few Pfizer attorneys, took on 10 clients at the time and successfully completed all their applications within about a month’s time. We held a second clinic in June so that their summer associates had the opportunity to participate in the program. Simpson Thacher took on 20 clients at this clinic, and all 20 applications have already been completed and submitted to the Board of Pardons. 

We have had 100% client attendance at both clinics! This is in large part due to Simpson Thacher’s willingness to call clients themselves to provide reminders in the lead-up to the clinic. Nihara Choudhri, pro bono attorney, has also crafted a pardon manual specifically tailored to Simpson Thacher volunteers to help them through the process, with a set deadline of one month for all pardon coaches to complete their clients’ applications. Nihara also reviews each client’s case dockets in UJS to determine if our clients have outstanding court costs – which many do! This cuts down a lot of work on our end and prevents us from finding out about a client’s outstanding costs when their pardon process is already much further along. 

We are so grateful for the innovation and hard work of Nihara Choudhri and her team at Simpson Thacher for making this such a successful program! 

Kristen Cherry

Pro-Bono Project Coordinator

A movie about the power of pardons – to inspire hope, to free potential, to benefit society – and the process to obtain one has been a dream of ours for years. And the dream is now a reality!

Pardon Me is a 30-minute documentary short film by producer/director/community advocate and one-time Mike Lee Fellow Shuja Moore. Created with start-up funding by the Independent Public Media Foundation, the Independence Foundation, and the Phoebus Criminal Justice Initiative at Bread and Roses Fund it shares the stories of three people who have gone through the pardons process, and explains why “more pardons, faster” makes all the sense in the world for all of us who don’t have criminal records. 

Reviewing the rough cut of the film, Bill Golderer, President and CEO, United Way of Greater Philadelphia and Southern New Jersey – and longtime supporter of PLSE - said, “This film shows where criminal justice, philanthropy, governments of all levels, and individuals with caring hearts can come together in common purpose to help end inter-generational poverty.”

Former Chief Justice Ron Castille opined: “In our county, it is the judge who decides what the punishment for a crime should be. Once the corrections system has done its job and the offender has done their time and paid their fine, they should be freed to contribute the most they can for their families and their communities. This film speaks to the power and potential of our system of justice, and all should hear its message.”

Pardon Me is now going through its final edits. Screenings are being scheduled for the late fall and winter, with a statewide (and national) “impact plan” being finalized for 2024. Watch this space for further details, or write Mr. Moore at shuja@domoorefilms.com. And if you can make a donation (please!!!), click here: Impact campaign for Pardon Me. (All contributions are tax-deductible.)

On July 12, 2023, the Pardon Project of York County, in collaboration with The Program, "It's About Change," MidPenn Legal Services, the York County Bar Association / York County Bar Foundation, the York County Clerk of Courts, and the York County Constable, hosted a free Expungement and Pardon Clinic at the First Presbyterian Church of York. The clinic assisted individuals in York County with criminal records in understanding their options for expungement, record sealing, or obtaining a pardon.

Fifty individuals seeking a fresh start were attended and more than half of them also qualified for free legal services. The overwhelming success of the clinic highlighted the clear and undeniable need for these essential services. While 50 individuals received assistance that day, 50 more were placed on a waiting list, patiently awaiting the opportunity to be helped at a future clinic.

After helping those in need, one volunteer attorney shared, "I am so glad I participated in the clinic even though it was outside the scope of anything I normally do. I learned a lot and left there feeling so fulfilled.”

Unpardoned crimes deny individuals many rights that they would otherwise have if they weren't convicted. Without these rights and privileges, daily life for a person with a criminal record can be difficult. The benefits of having a pardon for the individuals affected include increasing employment and housing opportunities, regaining the ability to obtain professional and occupational licenses and access to government aid programs and loans, as well as the ability to run for public office, serve on a jury and more. 

In a first-of-its-kind study, the Economy League of Greater Philadelphia examined a decade of data from the Commonwealth of Pennsylvania's Board of Pardons. The Economy League’s study on the impact of pardons in Pennsylvania shows that removing the barrier of having a criminal record has a positive economic impact on the state and on its citizens. Individuals deserve a second chance to rebuild their life and contribute positively to their community.

Ashley Leary

she/her/hers

Director of Communications and Public Support

York County Bar Association / York County Bar Foundation

As you all know better than most, a pardon forgives the crime, but it does NOT erase it from the record. For that, the Judge needs to issue an Order of Expungement, and that has to follow the filing of a petition, awaiting the reply of the District Attorney, and the scheduling of a hearing. And all of that costs money – filing fees are charged against indigent people, too, in more than half of the counties in PA. Small wonder that only about 30% of all who receive a pardon actually end up with a clean record.

That’s why it’s such HUGELY good news that State Senators Camera Bartolotta (R-Washington) and Sharif Street (D-Philadelphia) will be introducing legislation, probably in September, that will result in the automatic expungement of crimes that had been pardoned by the Governor. On July 19, they circulated to all Senators a memo asking for co-sponsors. Not only is the bill bi-partisan, but it already has the support of the PA District Attorneys Association.    

YOU can help! Please take a moment, NOW, and write or call your State Senators, and urge them to co-sponsor this bill. If you don’t have your Senator’s contact info, click here. Thank you!

We are very excited to announce that our Deputy Executive Director Taylor Pacheco and her husband Roger are the new parents of a healthy baby boy, Elias Scott Pacheco. Elias was born on July 13th and everyone at PLSE is very excited to meet him and welcome him into the PLSE family. Congrats Taylor and Roger! 

Could a constitutional amendment stop gun violence in America?

By Renee Chenault Fattah

Published in the Baltimore Sun on July 11, 2023