Whether you’re a fan of Ella Fitzgerald or Janis Joplin, you’ll know that in summertime, the livin’ is easy. Ha! NOT! While we might have only ourselves to blame, this past summer was simply CRAZY and there’s almost too much happening! Read on!

Think back almost three years ago to November 2019. PLSE had been expunging criminal records for eight years, but we were just at the beginning of our work with pardons. Sen. Vince Hughes knew how important our work was, and he jumpstarted us. As we wrote in our January 2020 newsletter, he helped us obtain our very first government grant to help develop “Pardon Hubs.” There was nothing like them anywhere, not just in this state, but in the country.

His investment paid off, big time! We now have Pardon Hubs and Pardon Coaches not just in Philly but across the state! Check out the map! We’ve also learned that we needed more than lawyers and paralegals. We needed a community organizer...

… and once again, Sen. Vince was there for us, helping us obtain a $100,000 grant from the Department of Community and Economic Development! This will help us think, reach out, and evolve in whole new ways – not just doing outreach, but mobilizing communities to raise not just their awareness but their voices. Thank you, thank you, Sen. Hughes and DCED! And watch out, Harrisburg: We are on the move!

That Governor Wolf really does believe in second chances cannot be doubted (more on this below). Earlier this month, he held a press event in Philly just on that topic, at PLSE’s community partner the NoMo Foundation – New Options More Opportunities. "We all deserve the opportunity to learn from our mistakes and do better tomorrow,” said the Gov. “I've prioritized criminal justice reform during my time in office because Pennsylvanians deserve true justice. I know that with a fresh start these individuals will capitalize on opportunities, contribute to society, and own success."

He was joined at the event by NoMo’s ED Rickey Duncan and some very powerful statewide leaders – Rep. Jordan Harris, Senator Anthony Williams and Senator Nikil Saval – whose presence and remarks demonstrated why they are regarded as Rockstars for Justice. Where would we be without their unrelenting efforts to bend the arc?

But the event’s headliners – the people who proved the Governor’s point and the reason for his passion – were two members of our Pardon Project Steering Committee: its chair Rev. Michelle Simmons (founder and CEO of Why Not Prosper) and local restauranteur Tarik Ryant (a/k/a “Chef Reeky”) – both of whom have had the arc of their lives completely changed by pardons. You cannot listen to them without knowing, knowing to your bones, that our work is not just right but righteous. You can watch the full event here.

You’ll remember that, on July 7, we presented a petition to the Governor and the Board of Pardons, asking them to pardon everyone who had been convicted under Pennsylvania law of a non-violent, marijuana-related crime. If you’ve not yet, please read the Petition and the bios of the eleven people whose lives were totally altered because of their weed convictions – the only crime they’ve ever committed.

We called this our Moonshot and thought it would be the first-ever general pardon issued in PA. Actually, no: the first was actually issued by Pennsylvania’s first governor, on August 26, 1795. He pardoned those who had participated in the Whiskey Rebellion in Western Pennsylvania.

Whiskey, weed … seems pretty perfect, right? Evidently not so much, since the Governor’s General Counsel isn’t convinced our Governor, the 47th, somehow can’t.

Meanwhile, the Governor and Lt. Governor have jumped ahead with a very creative “PA Marijuana Pardon Project”. For two weed offenses – possession and “small amount personal use” – they’ve created a very short application, no essays to write, nothing to attach, all online – all things PLSE had proposed last April for marijuana cases, and been told No. And the process is fast: Merit Review in October, Public Hearing in December, on the Governor’s desk within two weeks, and signed before he leaves office on January 17. The one problem: the program lasts just 30 days and ends this coming Friday.

The Governor estimated that “thousands of Pennsylvanians are eligible” for it, and we’ve been doing our best to get the word out around the state through our Pardon Projects. We’ll know on October 13 how many people made it to the hearing list. But in the meantime, the Board of Pardons has proven that it can create a really fast way to get from application to hearing for specified offenses. That’s a terrific way to end this year … and, yes, a starting place for our next Governor and Lt. Governor when they take office in January.

The Governor’s commitment to second chances didn’t begin with small amounts of marijuana. In fact, as of August, he has signed over 2,000 pardons – the most of any Governor in PA history, by far! And that’s not counting the marijuana pardons to come.

And even that’s not the end of the good news from the Governor’s Office.

The bad news: We’ve been so successful in getting the word out about pardons that a huge backlog has built up – over 3,000 petitions for clemency were awaiting filing as of the start of this month! The Board was even apologizing on its website, explaining that it was taking them 18-24 months just to go from “received” to “filed”. Why? Simple: too few staff. 

The good news: Unwilling for THAT to be what he’s remembered for, the Gov rode to the rescue and assigned 10 executive staffers to the BOP. They arrived the end of August and will stay until he leaves office. Ten is twice the size of the BOP’s permanent staff! 3,000 applications, 10 fresh sets of hands, 12 weeks … TOTALLY doable! 

So what’s the Gov’s legacy? Not “just” the most pardons ever and a really efficient way to expedite thousands of pardon applications, but tripling the size of the BOP staff. Well done, Gov! You are well on your way to being the GOAT of pardons!

Meanwhile, the District Attorneys are getting into the act! You might not know this, but DAs have been essential to the creation of Pardon Projects all around the state, so we owe them our thanks for that. But the REALLY big news is that the Pennsylvania Association of District Attorneys (PDAA) has just agreed to support a bill that will result in the automatic expungement of all crimes that have been unconditionally pardoned by the Governor – something we’ve been fighting for for two years! 

You’d think that if you received a pardon, that would be the end of your problems, right? But no: you still have to go to court and file a petition, and that takes money ($175 or so per conviction), time (over nine months currently in Philly between filing and hearing), the DA, a hearing, and (often) an attorney. It’s no wonder that fewer than 30% of those winning pardons take this final step. And the judge has no choice: per the Supreme Court, the record must be expunged. With the new law, an unconditional pardon would go straight from the Governor’s desk to the Court for action. 

And the PDAA’s supporting another record-clearing proposal: HB1826, which will make Clean Slate’s automatic record-sealing process happen in 7 years (down from 10) plus expand it to include certain drug felonies like “possession with intent to deliver” – the conviction you get, for example, if you were caught possessing just a single ounce of marijuana. You can read their testimony here. 

The neat thing about both of these bills is that they will leverage technology, eliminate costs, speed the process, and ensure that the benefits of the law reach everyone – not just those with lawyers, money, or knowledge. Great examples for more reforms at the BOP! Sincere thanks to PDAA President Kevin Steele (who has supported PLSE for years and invited us to present to the DAs at their annual conference last July) and Executive Director Greg Rowe for their leadership and support in this area of such great importance to our clients.