Newsletter Vol 5 No 8

August 2023

LOTS of our clients are now receiving letters saying that their pardon applications are being scheduled for Public Hearing. This is FANTASTIC news! To help them (and their Coaches) get ready for this critical step, we have created several helpful guides on what they can do to prepare, including written tips and videos. They can all be found here: www.plsephilly.org/hearingprep. But since this is just for Pardon Projects and our clients, you will need a passcode. If you want it, email us! 

A pardon does not erase a conviction. Instead, it enables a judge to do that. Problem is, the recipient must go to court and file a motion, and then most times it gets scheduled for a hearing. Under the law, the judge has no option but to grant the motion. So why go through all that? Less than a third of pardon recipients actually do, either because they don’t know about that last step or cannot afford it; so, the conviction remains.

State Senators Sharif Street (D-Phila) and Camera Bartolotta (R-Washington) have announced that, in September, they will be introducing a bill that would make expungements automatic for all pardoned crimes! The bill has the support of the Pennsylvania Association of District Attorneys and we’re hoping that dozens of Senators will end up sponsoring it, speeding its adoption. Wonderful!

Thank you, Senators Bartolotta and Street and PADA! We’re crossing our fingers and holding our breaths!

Last month our “breaking news” was the adoption by the Board of Pardons of a new “expedited review” program. It actually cut WAY back on the number of marijuana-related crimes that would get a fast track to hearings but opened the fast lane to many more people. It’s nowhere near as big as it should be, but it is better. Here it is in Plain English:

The BOP’s “expedited review” program means that, if you’re accepted into it, your application for a pardon should go faster than normal. Eligible people will be sent a questionnaire to fill out, instead of there being a bigger investigation. 

The program only includes people who have NOT EVER committed a crime involving the illegal possession of a gun, crimes against children or animals, violence against other people, or the possibility, threat or conspiracy to do any of those things. (The list is pretty long, so if this MIGHT include you, check the full list here. The program also does not include anyone who has an “open case” against them.

If you qualify so far and you haven’t had any contact with the criminal justice system in 5 years, you will qualify for expedited review if you only had one case and it was for either misdemeanor retail theft or misdemeanor marijuana possession. Otherwise, you have to be free of contact with the justice system for 10 years if you only have one case and for 15 years if you have two or more cases.  

Why 15 years? Who knows? Certainly not criminologists, recovery professionals, behavioral scientists or organizations combatting inter-generational poverty. It just is what it is – so let’s take full advantage of it!

It started with the first-ever screening of Pardon Me, in Reading, hosted by Pardon Hub Berks Connections Pretrial Services (BCPS). The Berks County Community Foundation quickly agreed to pay for the refreshments. Several members of the Foundation’s staff attended the program, saw the film, heard the panelists and got inspired. They asked BCPS to make a presentation to the whole staff about the Pardon Project and, at its end, Nikki Schnovel (the Pardon Project leader) made a pitch for volunteer coaches.  

Longtime BCCF President Kevin Murphy was so impressed, and moved, that he signed up and was trained. His first client is a December 2022 graduate of BCPS’ pre-apprenticeship program in the construction trades who came to BCPS because he kept having doors shut in his face despite his achievements, all because of his criminal history – one event back in 2018, his only arrest (and conviction) in his whole life. 

According to Kevin “The Pardon Project is a great volunteer effort to help people get the second chance they need to fulfill their potential. Volunteering for that effort seems like a great way to support our community and to take advantage of all that our residents have to offer.” Thank you, Kevin, not only for your organization’s leadership in supporting the Pardon Project, but for your personal service! 

If you are interested in becoming a Pardon Coach and helping others apply for a pardon, write us.

On August 16, managing attorney Sarah Coyle gave an introductory training about the pardon process and pardon coaching to 1Ls at Villanova during their orientation. Over 60 students attended! We are excited about continuing to grow our Pardon Project at Villanova, which just launched in the 2023 spring semester. We want to thank Janine Dunlap-Kiah, Director of Public Service and Pro Bono Initiatives, and Amanda Rogers, Assistant Professor and Director of the Clemency Clinic, for hosting us and for supporting our pardon program!

We are excited to be launching a pardon project at Rutgers this fall! Sarah and Kristen will be attending the Pro Bono Fair at Rutgers on September 6th to connect with prospective student volunteers. In partnership with Jill Friedman, Associate Dean of Pro Bono and Public Interest, and Pam Mertsock-Wolfe, Director of the Pro Bono and Public Interest Program, PLSE is planning to have 10 2L and 3L students complete two pardon applications each during the fall semester.

The Pardon Project Steering Committee is a growing, statewide organization of people with lived experience in the criminal justice system. The “Steerers” (as they call themselves) have been involved in many if not most of the reforms made in the pardon system over the past five years and have enjoyed a close working relationship with the past two Secretaries of the Board of Pardons. That’s why they were so honored, and pleased, to have the new (since January) Secretary join them recently for one of their meetings. Secretary Shelley Watson shared her history (and expertise) with pardons and commutations, answered a wide range of questions posed by the PPSC members, and promised to engage them where she could in considering additional changes that could make the system more accessible to people, especially those without attorneys to help them. At the close of the meeting, PPSC Chair Akeem Sims thanked the Secretary for her commitment to second chances and expressed the appreciation of all members for her accessibility.

If you have a criminal record in Pennsylvania, have energy around record-clearing and are interested in joining the group, write them at ppsc@plsephilly.org. 

This November, the American Society of Criminology (ASC) – an international body with scores of members across Pennsylvania – will be holding its annual conference in Philly. It’s theme: Seeking Justice: Reconciling with our Past, Reimagining the Future. Perfect for pardons, right? 

Filmmaker (and former Mike Lee Fellow) Shuja Moore has been invited to screen his documentary short Pardon Me, which tells the story of three people who have gone through the pardon process while explaining what that process is and why society would benefit from more pardons, faster. The film will be followed by a panel discussion including ASC’s President Shadd Maruna (Belfast, Ireland), Professor Daniel Nagin (Heinz Professor of Criminology and Statistics at Carnegie Mellon University), and conference co-chair Jamie Fader (Associate Professor at Temple). Joining them will be two leaders of the Pardon Project Steering Committee: Rev. Dr. Michelle Anne Simmons and Danea Langston-Banks. 

Shu’s also been invited to be the keynote speaker at the luncheon of ASC’s Division of People of Color and Crime earlier that same day, where he is expected to address several hundred people. We’ll let you know in November how it all goes, but in the meantime, Wow! How cool is this?!?

Legal Intern C. J. Holmes and I attended The Elements of Hip Hop, a Francisville Community Day event that took place on 8/12/2023 at their local playground. There was a range of entertainment for all ages including a hip hop artist, DJ battle, break dancers, a graffiti/mural artist, a food truck, face painting, and a video game truck. It also included our legal services and mental health resources from Dr. Deshawnda Williams, CPR training, and other organizations like F. I. R. E. (Free Inspiration Reaching Everyone). CJ and I had a great time connecting with the community and building rapport with the neighborhood. 

-Victor Sotelo, Paralegal