Anyone with a criminal record faces the daily reality of how their life is altered the moment the conviction becomes final. Depending on the seriousness of your crime, you can lose valuable rights and suffer other consequences such as:
But the law offers two ways to clear your name and clean your record: pardons and expungements.
A pardon is an executive order from a state Governor or the President of the United States that in essence wipes away a criminal conviction. You are officially forgiven for your crime, recognized that you’ve served a long enough sentence or paid a sufficient fine, and rewarded for turning your life around.
A pardon doesn’t automatically seal or erase your criminal record, but it can be a first step in that process. A pardon does, however, restore the civil rights you lost and your eligibility for government benefits.
A Pennsylvania or New Jersey pardon can only remove that state’s criminal conviction from your record, whereas a federal criminal conviction can only be cleared by a federal pardon.
The Pennsylvania pardon process involves several steps:
Factors considered in granting a pardon include:
Both the Pennsylvania and New Jersey pardon processes can take years to complete, and if your initial application is denied, there are long waiting periods before you can reapply.
A federal pardon is not available until five years following completion of your prison sentence and payment of any fine. As with a Pennsylvania or New Jersey pardon, the federal pardon process is complicated and takes years to complete.
Winding your way through the complex procedures to obtain a federal pardon, Pennsylvania pardon or New Jersey pardon requires the help of a knowledgeable and skillful attorney.
An expungement is the process for sealing and removing your criminal record so that it is no longer publicly available. All law enforcement authorities (State Police, local police departments, District Attorneys’ Offices, Courts, etc.) will be required to erase the arrest or conviction from your record and anyone conducting a background check will not be able to see your erased conviction.
But Pennsylvania and New Jersey have different expungement rules. Except in a few circumstances (described below), Pennsylvania will only expunge “summary convictions” – meaning convictions for relatively minor crimes. New Jersey, in contrast, permits the expungement of a broader range of criminal convictions.
An expungement is similar to a pardon in that it removes an arrest or conviction from your record and restores your civil rights and government benefits.
For example, in certain criminal cases, Pennsylvania will seal your record automatically, but that sealing will only prevent the public from seeing your record – law enforcement officials will continue to have access to it. An expungement goes further than a sealed criminal record – even law enforcement cannot view an expunged arrest, indictment or conviction.
Available expungements in Pennsylvania include:
In New Jersey, while there are some statutory complexities and exceptions, the available expungements include:
Similar to pardons, obtaining an expungement can be complicated and time-consuming and your chances of success will improve by engaging an attorney with extensive experience in Pennsylvania and New Jersey criminal law.
At Michael J. Diamondstein, P.C. we know the value of a clean record. And having secured pardons and expungements for our clients, we also know the joy of helping people get a second chance. Call Michael J. Diamondstein, P.C. at 215-940-2700 or submit our contact form to schedule your initial consultation.
At Michael J. Diamondstein, P.C., we’ve had tremendous success in obtaining pardons for our clients. Some of our recent successes include:
Obtained pardon for client’s drug felony conviction in Delaware County, Pennsylvania (Manufacture, Delivery or Possession with Intent to Manufacture or Deliver) for which he received a sentence of 24 months of probation plus payment of costs and supervision fees.
Obtained pardon for client’s drug felony conviction in Montgomery County, Pennsylvania (Delivery of a Controlled Substance) for which he received a sentence of 28 days to 23 months of jail time, two years of probation, and payment of costs.
See what the local and national media are saying about Michael Diamondstein and his cases.
Baltimore Ravens running back Ray Rice will be allowed to enter a program to avoid prosecution in an alleged assault of his now-wife. Upon successful completion of the program — which will be a minimum of one year — the third-degree charge of aggravated assault causing serious bodily injury would be dismissed. The arrest would remain on his record, but with no conviction.We were concerned that Mr. Rice would be treated more harshly because of his celebrity status. We are thankful that he was not. We are thankful that he was given the same treatment as anyone else in a similar situation.
- Michael J. Diamondstein
John Gallagher, founder of Gallagher Law in Philadelphia, has been indicted in federal court alongside other executives associated with aerospace startup Theia Group Inc. The indictment alleges involvement in a scheme where Theia falsely claimed plans to launch over 100 satellites for global surveillance, raising more than $250 million through fraudulent means. Gallagher, who served on Theia's board and as an executive vice president, is specifically accused of aiding founder Erlend Olson in financial misconduct and tax evasion activities. Gallagher, who specializes in space and satellite technology law, denies wrongdoing and intends to vigorously defend against these charges.“He [Gallagher] is a patriot, and we intend to vigorously defend his good name.”
- Michael Diamondstein
DT had spent three years in jail and was facing lifetimes more for multiple counts of child rape in Pennsylvania and Maryland. But Michael Diamondstein’s thorough investigation and strategic cross-examination forced prosecutors to withdraw their case mid-jury trial.“Michael Diamondstein is the best lawyer on Earth. He saved my life.”
- DT
Mark Young had been serving a life sentence for what prosecutors say was his role as a coconspirator in a 1974 bar robbery that ended in the shooting death of a patron. The 67-year-old Young, who maintained his innocence for almost 50 years, is now slated to be released from prison after a negotiated guilty plea. The judge vacated Young’s previous conviction and sentence.“The district attorney recognized the inequities in the case and we are thankful for the compassion and justice they decided was appropriate.”
- Michael Diamondstein
Willie Stokes's release comes after the U.S. District Court for the Eastern District of Pennsylvania vacated his murder conviction, concluding that the state violated Stokes's constitutional rights by "withholding" crucial evidence about the false testimony of a key witness in the case, according to court documents.He took his first free breaths this afternoon after almost 40 years, and he is very happy and humbled.
- Michael J. Diamondstein
Despite that fact that multiple videos showed local rap singer, Monte Small Atwell aka Benjy killing the decedent, a Philadelphia jury found Mr. Atwell Not Guilty of Murder. The video clearly showed that the unarmed decedent was chasing Mr. Atwell. Mr. Atwell’s attorney, Michael Diamondstein litigated a very effective self-defense case. After a number of withering cross examinations and a closing wherein Mr. Diamondstein exhorted the jurors that his client “would rather be judged by 12 than carried by 6” the jury agreed that Mr. Atwell’s actions were justified.Mr. Diamondstein saved my life. He is the best there is.
- Monte Small Atwell aka Benjy
Six members of an elite Philadelphia narcotics squad were acquitted of federal corruption charges – a verdict the men described as “vindication” after nearly a decade of federal scrutiny surrounding their conduct. A jury of six men and six women took 5 1/2 days to reject prosecutors’ arguments that former Officers Thomas Liciardello, Brian Reynolds, Michael Spicer, Perry Betts, Linwood Norman, and John Speiser routinely beat and robbed drug suspects during their time as members of the Narcotics Field Unit.The things that were said about these honorable men and police officers over the last eight to 10 months were ridiculous. A lot of people in this city owe these heroes an apology.
- Michael J. Diamondstein
Philadelphia District Attorney Seth Williams pleaded not guilty to 23 counts of fraud, extortion, and bribery-related charges. But the problems of the city’s cash-strapped top prosecutor continued to mount outside the courtroom, a day after federal authorities accused him of repeatedly selling his influence to wealthy benefactors willing to bankroll his luxury tastes.This indictment is 24 hours old and yet too many politicians and commentators have already tried and convicted Seth Williams in the media. Simply because the government makes explosive allegations in a complaint doesn’t mean they’re going to prove it in a court of law.
- Michael J. Diamondstein
It's 8:00 on a September morning but Michael Diamonstein has already been in his office for hours. A criminal defense lawyer, Diamondstein likes to be prepared before he goes to court. That preparation paid off to get an innocent man cleared of all charges.The man gave me my life back.
- Yusef Bey
With evidence missing and the investigation tainted by the involvement of a detective who pleaded guilty to impeding justice, the District Attorney’s Office has withdrawn murder charges against a 28-year-old man, Dante Hill, in a 2011 shooting outside a North Philadelphia sports bar.Tremendous day, not only for Mr. Hill but for the entire Philadelphia justice system.
- Michael J. Diamondstein
Michael Diamondstein argued the original jail sentence is illegal because the previous judge assigned the case failed to address if Risoldi was eligible for re-entry, which would allow her to be released from jail early.Diamondstein added that Berks County Senior Judge Stephen Lieberman, who is now overseeing the case, has authority to reconsider the sentence made by the previous judge, who retired last year.
