Statewide Laws

Your state may have other laws that protect the rights of people with criminal histories.

To find out about your state’s laws, select the state where you are seeking employment from the drop-down menu below:

Connecticut - Civil Rights Restoration

Voting: In Connecticut, if you are convicted of a felony, you lose the right to vote. Your voting rights may be restored upon your release, completion of parole, and payment of any fines. To restore your voting rights, visit the Registrar of Voters of the city or town where you live. For more information on restoring your right to vote, see the Connecticut Secretary of State website here: Restoration of Voting Rights of Convicted Felons Fact Sheet.

Public Office: Your right to hold public office is restored automatically once your right to vote has been restored.

Jury Duty: If you are convicted of a felony, you lose the right to serve on a jury. However, this right is restored automatically seven years after conviction, unless you are still incarcerated. If you want to fix this sooner, you need an absolute pardon.

Firearms: The right to carry a revolver or a pistol is taken away if you are convicted of a felony or adjudicated delinquent for a “serious juvenile offense.” This right is only restored by an absolute pardon.

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State field: Connecticut

Connecticut - Commutation

Connecticut allows you to apply for a commutation of your sentence. A commutation is a change to your current sentence to a lesser term. The Board of Pardons and Paroles (the “Board”) has the authority to commute any sentence of any individual, currently incarcerated, who has been convicted of and sentenced for any crime by the State of Connecticut. 

Who Is Eligible For a Commutation Of Sentence?

You must meet the following eligibility requirements to be considered for a commutation of sentence(s):

  1. You must be serving a term of imprisonment and remain incarcerated while the application is considered.
  2. You cannot be serving a sentence of life without the possibility of release under section 53a-35a(1) and section 53a-35b of the Connecticut General Statutes.
  3. You must be serving a total effective sentence where the aggregate term or terms of imprisonment is ten years or more, and you must serve a minimum of ten years of the sentence before making an application for commutation.
  4. You cannot have an application for commutation denied by a panel of the Board or revoked within the last five (5) years.
  5. You cannot have unresolved criminal charges, unresolved court fees or fines, or a valid outstanding warrant in any Court of the United States, State, or United States Territory.
  6. You must clearly articulate in your application exceptional and compelling circumstances that would warrant a hearing on commutation of sentence(s).

What Are the Requirements Of a Commutation Of Sentence Application? 

All applications for a commutation must:

  1. Be filled out completely, truthfully, and accurately under penalty of perjury or false statement;
  2. Include satisfactory proof that you completed and sent two (2) signed JDVS-3 Notice of Application forms to the Department of Correction Victim Services and the Judicial Branch Office of Victim Services;
  3. Include any relevant police reports or, where a police report is not available, a letter from the police department stating that the report is not available.
  4. Include completed and signed Commutation Background Investigation Authorization.
  5. Include any other information relevant to the conviction or convictions.

How Does a Commutation Hearing Work?

  1. Regular Hearings. The Board must convene regular meetings to hear applications for commutation at least twice (2) a year.
  2. Panel Composition. Except as otherwise provided by the Chairperson of the Board, the panel for a hearing on an application for Commutation shall consist of three (3) full-time Board Members, one of whom must be the Chairperson, or a full-time Board Member designated by the Chairperson.
  3. Notice of Hearing. At least 60 days before the scheduled hearing, the Board shall provide notice to the Office of Victim Services of the date and time of the hearing. At least 30 days before the scheduled hearing, the Board shall give notice to the Office of the State’s Attorney of the date and time of the hearing and provide copies of the application and all documents submitted in support of it.
  4. Who May Appear. The following persons may appear in person or via audio or video feed before a panel of the Board during a hearing:
    1. You and the applicant’s attorney
    2. Any victim or representative of a victim of a crime for which the Board is considering a commutation;
    3. Any prosecutor of any crime for which the Board is considering a commutation; and
    4. Any other person authorized by the chairperson of the panel conducting the hearing, provided that person can give testimony relevant to the application for commutation.
  5. Oaths. Testimony of the applicant and any other witness must be taken under oath in the manner required by sections 1-22 and 1-25 of the Connecticut General Statutes.
  6. Decision. During the hearing, the panel may, by majority vote, grant the commutation, deny the commutation, or continue the hearing for good cause.
  7. Electronic Recording. The Board must electronically record all hearings.
  8. Written Decision. A board member assigned to that panel must prepare a written decision on behalf of the panel that sufficiently details the reason or reasons for granting or denying the application for commutation.

How Will I Know If My Commutation Of Sentence Was Granted?

  1. Notification of Commutation. Once granted, the Board's Records Unit must notify the following its decision before issuing a Certificate of Commutation to the applicant and the Department of Correction Facility where the applicant is housed; the Department of Correction Central Records Unit; the State Police Bureau of Identification; the Office of Victim Services of the Judicial Branch; the Court Support Services Division of the Judicial Branch; and any other individual, agency, or entity specified by the Chairperson of the Board.
  2. Effective. A commutation is effective fifteen (15) business days after the panel's decision or as specified by the panel.

Can My Commutation Of Sentence Be Revoked?

The Board may revoke any commutation granted until your release date.

  1. Grounds for Revocation: The Board may revoke a commutation for good cause, including but not limited to when it is found that:
    1. The application contains material information that is false or misleading.
    2. The applicant was arrested, convicted of a felony, convicted of a misdemeanor, has a valid arrest warrant issued by a judge or other judicial officer, or has been charged with the commission of a crime by an officer of the United States or any State or United States' Territory;
    3. The applicant has been charged with or convicted of a disciplinary offense, has been reclassified to a higher risk level, or has been reclassified as a Security Risk Group or Security Risk Group Safety Threat by the Department of Corrections; or
    4. Other significant information or circumstances which the Board did not previously consider.

b. Notice. The Board must notify the applicant and any individual, agency, or entity that received notification under this policy of any revocation.

Exceptions. Any exceptions to this policy must be in writing and signed by the Chairperson.

For the Commutation of Sentence Application, click: HERE

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State field: Connecticut

Connecticut – Statewide Laws

Ban the Box

If you are seeking employment in Connecticut, you are covered by its Fair Chance Employment Law, which is a “Ban the Box” law. The law applies to both private and public employers.

Under this law, an employer cannot ask about your prior arrests, criminal charges, or convictions on an initial employment application. The exceptions to this rule are if 1) the employer is required to do so by an applicable state or federal law, or 2) a security or fidelity bond or an equivalent bond is required for the position. An employer cannot ask about an erased record at any time. 

In addition, this law bars employers from discriminating against you because of your criminal history. An employer cannot refuse to hire you or fire you solely because you have prior arrests or convictions. 

There are a few cities within Connecticut that have their own “Ban the Box” Laws. 

Clean Slate Law

Clean Slate is a new program that automatically erases old and low-level criminal records. 

Connecticut is developing an automated system to erase hundreds of thousands of criminal records. Once the automated erasure technology is fully implemented, many other convictions will be automatically erased through the Clean Slate program with no action required from you. Those convictions can be erased from your record if you haven’t committed any new crimes in seven or 10 years (the time frame depends on the type of conviction). You must also have finished serving the sentences for all crimes you’ve been convicted of. Other cannabis convictions and some older non-cannabis convictions can be erased if you submit a petition.

To view the complete list of Eligible Offenses for Clean Slate Erasure, click here.

NOTE (As of 6/27/25): Connecticut is working to modernize its IT infrastructure. Technical challenges due to aging data systems and inaccurate data quality have temporarily halted the erasure process. Until Clean Slate erasures resume, please do not file a request for a criminal history record. Connecticut anticipates that a total of nearly 90,000 people will have their records wiped clean once the erasures resume.

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Massachusetts - Civil Rights Restoration

Voting: In Massachusetts, if you are convicted of a felony, you cannot vote. However, you may vote when you are on parole, probation, or have finished your sentence. If you are incarcerated for a misdemeanor, you may register to vote and request an absentee ballot from the office administrators at your complex. You can also vote while awaiting trial for any charge, as long as you have not lost your right to vote due to a past conviction. 

Public Office: If you have been convicted of a federal or state felony, you give up the right to hold any public office you currently hold. Otherwise, your conviction does not affect your right to run for and hold future public office. A pardon may restore this right, but it has to be explicitly stated in the pardon’s terms.

Jury Duty: You cannot serve on a jury if you have a pending felony charge, are incarcerated, or were convicted within the past seven years. 

Firearms: To legally own a gun (e.g., handgun, rifle, shotgun) in Massachusetts, you need a Firearm Identification card. If you want to carry a long gun, you need a License to Carry.

You may be considered a “prohibited person” and not allowed to get a gun license or Firearm ID card if you have been found guilty (as an adult or juvenile) of:

  • A felony
  • A misdemeanor punishable by more than 2 years of imprisonment
  • A violent crime (as defined in Massachusetts Law Section 121)
  • A violation of any gun or ammunition laws could result in jail time
  • A violation of any Massachusetts drug law
  • A misdemeanor crime involving domestic violence

However, for some of the less serious crimes (Misdemeanor, Violation of Certain Gun Offenses, Violation of Certain Drug Offenses), you will only be disqualified from owning a Firearm ID for 5 years after your conviction, release, or end of probation/parole, whichever is latest.

If you are considered a “prohibited person,” you may get your firearm rights restored only by a pardon.

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State field: Massachusetts

Massachusetts - Commutation

What is a Commutation of Sentence?

A Commutation shortens the length of your sentence. It does not forgive the offense. 

Who is eligible for a Commutation of Sentence?

Massachusetts law and the Parole Board do not clearly state who qualifies for a commutation. If you decide to apply, you’ll need to show both the Governor and the Governor’s Council that you will successfully transition to living in the community without reoffending.

How Do I Apply for a Commutation?

These are the four steps to apply for a Pardon:

  1. Get the "Commutation Petition" form. To download and print the form, visit the Commonwealth of Massachusetts' website here: Massachusetts Commutation Petition.
  2. Please complete the form and sign the included release forms.
  3. Attach any supporting documents, such as character references
  4. Mail completed forms to the following address:

Executive Secretary
24 Beacon Street
Room 184, State House,
Boston, MA 02133

After you have completed and sent your commutation petition, the parole board will determine if a hearing is necessary. The entire parole board then conducts a commutation hearing, which is open to the public, and makes a recommendation to the governor based on its findings. 

What Factors are Considered for a Commutation of Sentence?

The Governor will look closely at any record of good conduct while you are serving your sentence. This includes voluntary participation in rehabilitative programs, restorative justice, substance abuse treatment programs, and job training programs that are available. The Governor also considers personal growth, constructive support, and mentoring.

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Massachusetts - Commutation

What is a Commutation of Sentence?

A Commutation shortens the length of your sentence. It does not forgive the offense. 

Who is eligible for a Commutation of Sentence?

Massachusetts law and the Parole Board do not clearly state who qualifies for a commutation. If you decide to apply, you’ll need to show both the Governor and the Governor’s Council that you will successfully transition to living in the community without reoffending.

How Do I Apply for a Commutation?

These are the four steps to apply for a Pardon:

  1. Get the "Commutation Petition" form. To download and print the form, visit the Commonwealth of Massachusetts' website here: Massachusetts Commutation Petition.
  2. Please complete the form and sign the included release forms.
  3. Attach any supporting documents, such as character references
  4. Mail completed forms to the following address:

Executive Secretary
24 Beacon Street
Room 184, State House
Boston, MA 02133

After you have completed and sent your commutation petition, the parole board will determine if a hearing is necessary. The entire parole board then conducts a commutation hearing, which is open to the public, and makes a recommendation to the governor based on its findings. 

What Factors are Considered for a Commutation of Sentence?

The Governor will look closely at any record of good conduct while you are serving your sentence. This includes voluntary participation in rehabilitative programs, restorative justice, substance abuse treatment programs, and job training programs that are available. The Governor also considers personal growth, constructive support, and mentoring.

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State field: Massachusetts

Massachusetts – Statewide Laws

Ban the Box

The Commonwealth of Massachusetts has a statewide Ban the Box policy. Both public and private employers with six or more employees are prohibited from inquiring about an applicant's criminal history on job applications, unless there is a specific legal restriction that applies to a particular job or occupation.

During interviews, employers may ask about misdemeanor convictions that go back only three years, felonies that go back ten years, and pending criminal charges. The law prohibits employers from asking about sealed or expunged records. You have the right to receive a copy of the criminal history report before being questioned about your history, and if an adverse decision is made based on the report.

Employers are required to explicitly state on applications that will seek criminal history information a statement that applicants with sealed or expunged convictions can be considered as having no record (2018 Amendment).

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New Jersey - Civil Rights Restoration

New Jersey

A New Jersey conviction may impact your ability to hold public office, serve on a jury, and own a firearm.

Voting: You cannot vote while incarcerated for a felony or misdemeanor. If you are incarcerated because of a misdemeanor, you get your voting rights back when you are released. For a felony, you may vote once you are on parole, probation, or have fully completed your sentence. You may vote if you are a pre-trial detainee, even if you are awaiting trial. To register to vote, visit the New Jersey Voter Information Portal.

Public Office: In New Jersey, you may still run for or hold public office after a criminal conviction with some exceptions. 

Under the Forfeiture Act, if you are currently in office and convicted of one of the following, you must give up your position: 

  1. A crime involving dishonesty, or 
  2. A crime that’s a third degree or higher. 

You may also be “forever disqualified” from holding public office if your conviction is related to your office or job (e.g., using your position to commit the crime). 

Lastly, you may be unable to hold public office if you have been convicted of certain election law violations. A governor’s pardon, gubernatorial restoration of rights, or certificate of rehabilitation may relieve this. 

Jury:  

You may not serve on a jury if you were convicted of a serious (indictable) offense. This includes: 

  1. Crimes with possible prison time,
  2. Crimes in Federal or Superior Court, or 
  3. If you are currently on a Pre-trial Intervention Program. 

You may be qualified to serve jury duty if:

  1. Your only convictions are in Municipal Court (like traffic violations and most shoplifting charges)
  2. You have been accused of a crime, but have not yet been convicted or entered a guilty plea
  3. You have a traffic offense, juvenile, or DWI-related offense that occurred in New Jersey
  4. You have completed a Pre-Trial Intervention program for an offense and have not been convicted or pleaded guilty to another serious offense. 

Jury eligibility is restored only by pardon or gubernatorial restoration of rights.

Firearms: 

You may not purchase, own, possess, or control any firearm if you were convicted of a violent crime or a domestic violence offense, even if you did not have a weapon at the time. A handgun purchase permit and firearms purchaser identification card will be denied if:

  1. You were convicted of a crime in New Jersey, or its counterpart in another state, or federal court
  2. Your offense involved domestic violence, or 
  3. You were found guilty as a minor for a crime involving a weapon or a serious violent offense. 

Firearm rights may be restored through expungement or sealing of the record. A governor’s pardon would likely have a similar effect on your firearm rights.

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State field: New Jersey

New Jersey - Commutation

What is a Commutation of Sentence?

A commutation is a form of clemency for individuals that shortens the length of an individual's sentence after a criminal conviction. Commutations may be given to individuals who are currently in prison or under supervision. It may reduce either the length or severity of the sentence, but it does not erase the conviction.

Who grants a Commutation of Sentence?

Only the Governor of New Jersey may grant executive clemency. The Governor has authority over all executive clemency decisions, but may also be advised by a Board or other body. The Governor can only grant clemency to people who committed a crime in New Jersey and were convicted in New Jersey. 

Who is Eligible for a Commutation of Sentence?

Anyone is welcome to apply for clemency. However, the Governor’s power to grant executive clemency does not apply to cases of impeachment or treason.

What effect does a Commutation of Sentence have on my criminal record?

A commutation will not remove your conviction from your record. It will only relieve you from part of the punishment imposed for a conviction. A commutation does not erase the underlying facts of the offense and may not remove all of the legal consequences linked to your conviction.

When can I apply for a Commutation of Sentence?

In New Jersey, there is no formal waiting period required before applying for a commutation. 

How can I apply for a Commutation of Sentence?

You can apply for a commutation either online or by mail. 

To apply online, you can register, access, and submit the application here.

To apply by mail, you can download and print the application here, fill it out in hard copy, and submit the application, alongside any supporting documentation, to the address below: 

 

New Jersey State Parole Board
Attn: Clemency Unit
P.O. Box 862
Trenton, NJ 08625

Does applying for a commutation cost anything?

No. Submitting the clemency application is free.

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State field: New Jersey

New Jersey – Statewide Laws

Under the "The Opportunity to Compete Act" (OTCA), New Jersey law requires most public and private employers with at least 15 employees to delay inquiries into an applicant's criminal history until the employer has conducted the initial interview. Online record searches are prohibited in the initial stages of the job application process. Employers cannot consider an applicant's expunged or pardoned convictions. There are significant financial penalties for employers who violate the law.

What is New Jersey’s Opportunity to Compete Act?

New Jersey’s Opportunity to Compete Act, passed in 2014, is a statewide “Ban the Box” law. If you are seeking employment in the state of New Jersey, you are covered by this act.

What employers does the Opportunity to Compete Act apply to?

The Opportunity to Compete Act applies to any person, company, corporation, firm, labor organization, or association that has 15 or more employees over 20 calendar weeks and does business, employs people, or takes applications for employment within New Jersey. Thus, it applies to both private employers and public employers, including the state, county, and local government bodies. 

When can an employer ask about my criminal record?

When seeking employment in the state of New Jersey, an employer cannot require you to complete any job application that asks about your criminal record. Throughout the initial application process, an employer cannot make a written or spoken inquiry about your conviction or arrest history. However, if you decide to disclose any information about your record, either written or oral, during the initial application process, an employer may ask questions at that time. 

Can an employer advertise that they are only looking for applicants without a criminal record?

No, it is unlawful for an employer to purposefully publish any advertisement that explicitly states that the employer will not consider any applicant who has been arrested or convicted of one or more crimes or offenses. 

Are there any exceptions to the Opportunity to Compete Act?

Yes, there are certain exceptions to the Opportunity to Compete Act. You may be asked about your criminal record earlier in the application process if the position is:

  1. Law enforcement
  2. Corrections
  3. The judiciary
  4. Homeland security
  5. Emergency management
  6. Requires a record check by law, rule, or regulation
  7. Designed by the employer to be part of a program or systematic effort to encourage the employment of people with arrest or conviction records. 

Are there any cities in New Jersey that have their own “Ban the Box” Laws?

Yes, Newark and Atlantic City both have “Ban the Box” laws. However, their specific regulations only apply to the public sector (city-wide government agencies).  

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New York - Civil Rights Restoration

New York 

Your ability to hold public office, serve on a jury, and own a firearm may be affected by a New York Conviction.

Voting: The right to register and vote in New York is restored when you are released to parole supervision. As of May 2021, you are automatically eligible to vote when you are released from a Department of Corrections and Community Supervision (DOCCS) facility. Before being released, you will be notified both verbally and in writing by DOCCS that your voting rights will be restored. Additionally, you will receive a voter registration application form, help with filling it out, and information on voting. You may submit your voter registration forms to the state or county board where you reside, or you can have the DOCCS submit them for you. For more information about registering to vote, see New York State Felon Registration Rights.

Public Office: If you are convicted of a felony you will have to obtain a Certificate of Good Conduct to apply for public office. To learn more about the Certificate of Good Conduct, see section: NY - CGC.

Jury: There is currently a lifetime ban on jury service for individuals convicted of a felony in New York. However, this may be restored by obtaining either a Certificate of Relief/Good Conduct or a governor’s pardon.  

Firearms: If you are convicted of a felony of any “serious offense,” you lose the right to possess a firearm. Unless you have been convicted of a Class A-1 or violent felony, the right to a firearm may be restored by obtaining a Certificate of Good Conduct or a governor’s pardon. 

State and federal laws regarding the restoration of firearm rights are complicated. It may be helpful to consult with an attorney on the subject. 

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New York - Commutation

What is a Commutation?

If granted, a commutation of sentence reduces the length of your prison term. The Governor may commute a sentence in any manner deemed appropriate. 

Who Qualifies for a Commutation?

Unless there are extraordinary circumstances, a commutation will usually only be considered if you meet the following conditions: 

  1. Your minimum term is more than one year
  2. You have served at least half of your minimum prison term
  3. You are not eligible for release or parole within one year of the date of your application for clemency

How Do I Apply for a Commutation?

To apply for a commutation, you must:

  1. Fill out a Blank Commutation Application found here.
  2. Include copies of any additional documents supporting your application. DO NOT send original documents.

Submit your completed application form by mail to the address listed below.
New York State Department of Corrections and Community Supervision
Executive Clemency Bureau
The Harriman State Campus – Building 4
1220 Washington Ave
Albany, NY 12226-2050

Commutation Application Example HERE  

Your Application should also address:

  1. Rehabilitation: You should be able to demonstrate that you have made strides in improvement during incarceration.
  2. Conduct: The application should address your disciplinary record while incarcerated.
  3. Re-entry: How do you plan to re-enter the community if released?
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New York - Statewide Laws

New York State Human Rights Law, N.Y. Exec Law Section 296(16):

The New York State Human Rights Law makes it illegal for public and private employers to ask you about sealed convictions or to refuse to hire or promote you because of a sealed record.

Sections 15 and 16 of New York’s State Human Rights Law address the rights of New Yorkers with prior criminal convictions.

Section 15 states that it is illegal to deny an individual a job or a license solely because they have been convicted of a crime. Instead, employers must consider other relevant factors (e.g., the time since the offense, the nature of the job, and efforts at rehabilitation) before making a final employment decision.

Section 16 states that it is illegal to ask about a prior arrest or criminal charge that was dismissed, sealed, or resulted in an alternative resolution. Additionally, it is unlawful to require an individual to disclose information about past incidents or to treat them as if they are still relevant when making decisions about jobs, licenses, housing, credit, etc. However, this rule does not apply to law enforcement jobs, gun licenses, or situations where sealed records can be legally accessed (e.g., certain government checks).

New York State Correction Law Article 23-A:

Article 23-A requires employers and agencies to perform an 8-step analysis before denying you a job or a license based on your criminal record. This law applies if you:

  • Submitted an application for an occupational license or job with any public or private employer;
  • Were previously convicted of one or more criminal offenses in New York or in any other jurisdiction; and
  • Were convicted of one or more offenses prior to getting the license or job.

If you have a conviction history, an employer must consider the following factors:

  1. The public policy of the state of New York encourages the employment of individuals with criminal histories.
  2. The job-specific duties and responsibilities needed for the position.
  3. The impact an individual's criminal conviction will have on your ability to perform one or more of the job duties.
  4. The amount of time since you were convicted of a criminal offense or offenses;
  5. Your age at the time you committed the offense.
  6. The seriousness of the offense(s).
  7. Any information you provide, or is provided on your behalf, regarding your rehabilitation and good conduct.
    1. Examples include: education or training, reference letters from community members, or letters from previous employers.
  8. The employer’s legitimate interest in protecting their property and the safety and welfare of specific individuals or the public. 

Even with this law, there are certain convictions that may disqualify you from certain jobs or licenses.

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State field: New York

Pennsylvania - Civil Rights Restoration

Voting: In Pennsylvania, you cannot vote if you are currently incarcerated for a felony or were convicted of breaking Pennsylvania Election Code within the last four years. You can vote if: 

  • You are a pretrial detainee
  • You are currently serving a sentence for a misdemeanor 
  • You have a felony conviction but have been released or will be released by the date of the next election 
  • You are on probation, parole, or are under house arrest (home confinement). 

For more information about whether you are eligible to vote and how to register, click here.

Public Office: If you are convicted of embezzling public money, bribery, perjury, or any other serious felony under state law, you are not allowed to be elected to the state legislature or hold any government office. This only applies to elected or appointed positions, not public sector government jobs. However, the ban can be lifted if the Governor pardons you. 

Jury Duty: If you have a past felony conviction or are currently in prison, you can never serve on a jury. You’re also unable to serve on a jury if you were convicted of a crime with a sentence of over one year, unless you have been granted a pardon or amnesty. 

Firearms: If you are convicted of any of the following, you are not eligible to own a firearm:

  • Possessing, using, making, repairing, selling, or otherwise dealing in any “offensive weapon,” including machine guns, sawed-off shotguns, firearms with a silencer, and stun guns;
  • An offense relating to organized crime;
  • Possessing a weapon on school property;
  • Murder;
  • Voluntary or involuntary manslaughter involving reckless use of a firearm;
  • Aggravated assault;
  • Assault by a prisoner;
  • Stalking;
  • Kidnapping or unlawful restraint;
  • Rape, involuntary intercourse, or aggravated indecent assault;
  • Luring a child into a motor vehicle;
  • Arson;
  • Causing or risking catastrophe;
  • Burglary;
  • Criminal trespass (at the level of second degree felony or higher);
  • Robbery or robbery of a motor vehicle;
  • Felony theft or felony extortion accompanied by threats of violence (if it is the second conviction for said felony);
  • Felony receiving stolen property;
  • Impersonating a law enforcement officer;
  • Intimidation of, or retaliation against, a witness or a victim;
  • Escape from “official detention”;
  • Possession of weapons or implements for escape from a detention facility, correctional institution or mental hospital;
  • Riot;
  • Paramilitary training;
  • Possession of a firearm by a minor or corruption of minors;
  • An offense involving “facsimile weapons of mass destruction”; or
  • Unlawful sale or lease of weapons or explosives.

You can ask a court in your home county to restore firearm rights. The court must restore the rights if:

  • Your conviction was erased (vacated),
  • The Governor fully pardoned you, or
  • You were approved for federal firearm rights under a specific law, and it has been 10 years since your last conviction.

If you lost your gun rights due to three or more DUI convictions within 5 years, you can get your rights back automatically after 10 years.

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State field: Pennsylvania

Pennsylvania - Civil Rights Restoration

Voting: In Pennsylvania, you cannot vote if you are currently incarcerated for a felony or were convicted of breaking the Pennsylvania Election Code within the last four years. You can vote if: 

  • You are a pretrial detainee
  • You are currently serving a sentence for a misdemeanor 
  • You have a felony conviction, but have been released or will be released by the date of the next election 
  • You are on probation, parole, or are under house arrest (home confinement). 

For more information about whether you are eligible to vote and how to register, click here.

Public Office: If you are convicted of embezzling public money, bribery, perjury, or any other serious felony under state law, you are not allowed to be elected to the state legislature or hold any government office. This only applies to elected or appointed positions, not public sector government jobs. However, the ban can be lifted if the Governor pardons you. 

Jury Duty: If you have a past felony conviction or are currently in prison, you can never serve on a jury. You’re also unable to serve on a jury if you were convicted of a crime with a sentence of over one year, unless you have been granted a pardon or amnesty. 

Firearms: If you are convicted of any of the following, you are not eligible to own a firearm:

  • Possessing, using, making, repairing, selling, or otherwise dealing in any “offensive weapon,” including machine guns, sawed-off shotguns, firearms with a silencer, and stun guns;
  • An offense relating to organized crime;
  • Possessing a weapon on school property;
  • Murder;
  • Voluntary or involuntary manslaughter involving reckless use of a firearm;
  • Aggravated assault;
  • Assault by a prisoner;
  • Stalking;
  • Kidnapping or unlawful restraint;
  • Rape, involuntary intercourse, or aggravated indecent assault;
  • Luring a child into a motor vehicle;
  • Arson;
  • Causing or risking catastrophe;
  • Burglary;
  • Criminal trespass (at the level of second-degree felony or higher);
  • Robbery or robbery of a motor vehicle;
  • Felony theft or felony extortion accompanied by threats of violence (if it is the second conviction for said felony);
  • Felony receiving stolen property;
  • Impersonating a law enforcement officer;
  • Intimidation of, or retaliation against, a witness or a victim;
  • Escape from “official detention”;
  • Possession of weapons or implements for escape from a detention facility, correctional institution or mental hospital;
  • Riot;
  • Paramilitary training;
  • Possession of a firearm by a minor or corruption of minors;
  • An offense involving “facsimile weapons of mass destruction”; or
  • Unlawful sale or lease of weapons or explosives.

You can ask a court in your home county to restore firearm rights. The court must restore the rights if:

  • Your conviction was erased (vacated),
  • The Governor fully pardoned you, or
  • You were approved for federal firearm rights under a specific law, and it has been 10 years since your last conviction.

If you lost your gun rights due to three or more DUI convictions within 5 years, you can get your rights back automatically after 10 years.

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State field: Pennsylvania

Pennsylvania - Commutation

What is a Commutation of Sentence?

A commutation is the reduction of a legal penalty or punishment. It reduces the court-imposed sentence but does not erase the conviction.

Who is eligible for a Commutation?

Your eligibility for a Commutation of Sentence is determined by your current circumstances. You should request a particular type of clemency based on which of the following applies to you:

  • Currently on Parole
    • Commute Parole: This ends parole supervision.
  • Currently in Prison
    • Commute life imprisonment: This may reduce your life sentence to life on parole or a consecutive sentence. 
    • Commute death sentence: This will reduce your death sentence to a life sentence without possibility of parole. This does not overturn the conviction or release you from incarceration. 
    • Commute minimum sentence: This may reduce the minimum time you are required to serve before parole eligibility. This may be sought by those who haven't served their minimum sentence. 
    • Commute maximum sentence: This may reduce the maximum time you are required to serve. This could reduce the higher end of the sentence range, allowing you to be released sooner. This may be sought by those who have served their minimum sentence but are still incarcerated.

When can I apply for a Commutation of Sentence?

There are no definite standards for when a Commutation of Sentence will be approved.

How do I apply for a Commutation of Sentence?

The process of requesting a Commutation of Sentence is similar to applying for a pardon. It can take several years to complete from start to finish. Your application for clemency requires personal details as well as information about the convictions for which you are requesting clemency. Follow these steps to apply for a Commutation of Sentence:

  1. Identify your convictions. Determine which conviction(s) you are seeking clemency for. You can look up your criminal docket online here. 
  2. Gather required court documents. You must provide the following documents for your application to be reviewed. Incarcerated applicants are exempt from submitting court documents. If the court does not have these documents, it must provide a letter confirming they are unavailable. If a Magisterial District Judge sentenced you, and your case is older than seven years, you are not required to get a letter. 
    1. Criminal Complaint
    2. Affidavit of Probable Cause
    3. Criminal Information/Indictment
    4. Final Plea or Verdict
    5. Sentencing Order
    6. Documentation of Financial Obligation Status
  3. Pay any outstanding financial obligations (e.g., unpaid fines, fees, or restitution). 
  4. Prepare a personal statement and documents. 
    1. Write a personal statement explaining why you are requesting clemency and how your life has changed since the offense. You may include letters of support and/or certificates or diplomas. 
  5. Apply for clemency either online or on a printable application. To submit your online application, click here. To fill out a printable application, click here. 
    1. If you are submitting a printable application by email, attach the form with copies of your required court documents to bopclemency@pa.gov.
    2. If you are submitting by mail, print your completed application and include copies of your required documents to the Board of Pardons at the address listed here.

If you are unable to print an application at home, the Board of Pardons will mail one to you. You can request an application by mailing the following information to the Board of Pardons:

Applicant name
Mailing address to send the application
Phone number (optional)
Email address (optional)

It will take approximately three weeks for your application request to be processed.

What Happens After I Apply?

It will take a few years for a decision to be made on your clemency application. These are the steps of your clemency review process:

  1. The Board of Pardons reviews your application. After submission, you will receive a confirmation letter. Incomp will not be reviewed until all requirements are met. The longest wait in the process is between the Board of Pardons reviewing your application and the Department of Corrections investigating your case.
  2. The Department of Corrections investigates your case. Staff will conduct a phone interview with you to gather information on your status, criminal history, and driving record.
  3. Merit review. The Board evaluates your application and votes on whether to grant a public hearing. The applicant is not required to attend this public vote.
  4. Public hearing. Applicants attend a virtual hearing to answer the Board’s questions. If your case receives enough votes, it is forwarded to the Governor.
  5. Governor’s decision. The Governor makes the final decision to approve or deny your clemency request.
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State field: Pennsylvania

Pennsylvania – Statewide Laws

Pennsylvania Criminal History Record Information Act

Under the Pennsylvania Criminal History Information Act (CHRIA), an employer can only use your previous criminal history for limited purposes in deciding whether or not they hire you. An employer considers the following:

Felony and misdemeanor convictions can only be considered by an employer to the extent to which they relate to your suitability for the position you applied for. If an employer makes a hiring decision based upon your criminal history, you must be notified in writing if the decision not to hire you was based wholly or in part on your criminal history. 

CHRIA does not apply to all jobs, as there are certain positions where criminal backgrounds may disqualify applicants either entirely or for a significant period. 

Ban the Box

Pennsylvania does not have a Ban the Box law; however, it does have a hiring policy that prohibits state employers from inquiring about a candidate's criminal history on job applications for non-civil service positions. The policy also limits how much consideration state employers can give to criminal history during the hiring process. Employers can consider an applicant's criminal history only if it is relevant to their suitability for the job. If the employer does not hire the applicant because of their criminal history, it must do so in writing.

Exceptions to this policy include security personnel, law enforcement, and those working in vulnerable positions.

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State field: Pennsylvania