Expungement vs. Pardons
When it comes to clearing a criminal record, expungement is only one option. Pardons, whether issued by a state board, governor or president, achieve a similar result to expungement.
However, pardons are often more difficult to receive, and may not always produce the same effect.
If you are considering a pardon or expungement, discuss your options with a criminal defense attorney. Simply fill out the free online evaluation form on this page or call 877-445-1059 to arrange a no-obligation consultation today.
Expungement and Pardon Qualifications
In most states, pardons are only available for felony offenders. Misdemeanors may be petitioned for pardon, but are usually not serious enough for consideration.
States typically require a 10-year waiting period before pardons will be considered, whereas most require at most five years before expungement. Exceptions are made for convictions based on error.
Additionally, many states require a certificate of rehabilitation to accompany all pardon requests. This certificate shows that the petitioner has reformed and is deserving of a clean start.
Effects of a Pardon
When granted, a pardon does not seal your public record. Instead, it becomes a part of your record, in addition to your criminal history. All the details of your arrest, conviction and sentence may be visible to future employers, landlords, or anyone else with access to your criminal record.
Unlike an expungement, a pardon may not allow you to say you have never been convicted of a crime. Instead, you may need to explain that you were convicted and pardoned.
One benefit of a pardon is it may restore your gun rights and end sex offender registration requirements, whereas an expungement typically does not.
Obtaining a Pardon
Pardons are issued far less often than expungements. This may be because only a governor or pardons board can issue a pardon in each state, instead of the dozens or hundreds of judges who can grant an expungement.
Pardons are generally harder to obtain, and require more proof of rehabilitation. Victims of violent offenders are typically given the opportunity to testify against a pardon, similar to expungement hearings.
Explore Expungement and Pardons with a Criminal Defense Attorney
The process of obtaining a pardon can be very complicated and time consuming, especially for someone who hasn't done it before. A criminal defense attorney can be your resource, and may tell you if a pardon or expungement best fits your situation.
Connect with an attorney in your area today to learn about your state's qualifications. Simply fill out our free online evaluation form or call 877-445-1059 to arrange a no-obligation consultation.
The above summary is by no means all-inclusive and is not legal advice. Laws may have changed since our last update. For the latest information on these topics, speak to a criminal defense attorney in your area.