The Difference Between a Pardon and Expungement: What You Need to Know

June 20, 2024

When it comes to clearing a criminal record, understanding the difference between a pardon and expungement is crucial. Both offer pathways to relief from the long-term consequences of a conviction, but they operate in distinct ways and have different implications.

What Is a Pardon?

A pardon is an act of forgiveness granted by a government authority, typically a governor or the president. It does not erase the conviction but serves as an official acknowledgment of forgiveness. Pardons are generally issued for reasons such as good behavior, evidence of rehabilitation, or to address miscarriages of justice.

Key Points of a Pardon:

  • Does Not Erase Conviction: A pardon does not remove the conviction from your criminal record. It only provides official forgiveness.
  • Restores Civil Rights: In many cases, a pardon can restore certain rights lost due to the conviction, such as the right to vote, hold public office, or serve on a jury.
  • Public Record: A pardon becomes part of the public record. Future background checks will show that the conviction was pardoned, but the conviction itself remains visible.
  • Eligibility Requirements: Pardons usually require proof of rehabilitation and may come with a waiting period after the completion of the sentence.

What Is Expungement?

Expungement involves legally erasing or sealing a criminal record. This means that, in most cases, the record is removed from public access and cannot be viewed by employers, landlords, or the general public.

Key Points of Expungement:

  • Erases Conviction: Unlike a pardon, expungement removes the conviction from your criminal record entirely.
  • Not Publicly Accessible: Once expunged, the record is no longer available to the public and will not appear on most background checks.
  • Eligibility Criteria: Expungement eligibility varies widely depending on the jurisdiction, the nature of the offense, and whether it was a misdemeanor or felony. Certain crimes may not be eligible for expungement.
  • Benefits of Expungement: It allows individuals to legally state they have not been convicted of a crime in many situations, such as on job applications or housing forms.

Choosing Between a Pardon and Expungement

Deciding between seeking a pardon or an expungement depends on your individual circumstances and goals. A pardon may be more appropriate if restoring civil rights is your primary concern, while expungement is typically better for those looking to remove the conviction from their record entirely.

Take Control of Your Future

Both pardons and expungements offer ways to mitigate the impact of a criminal conviction, but they serve different purposes and have unique benefits. Understanding these differences is the first step towards making an informed decision about which option is right for you. Contact us today to discuss your options for obtaining a pardon or expungement. Our experienced legal team can help you navigate the complexities and find the best path forward. Don’t let a past mistake define your future—take action now!