If you have been convicted of a crime or had your record expunged, you may wonder what the differences are between expungement and pardons. Understanding the Difference Between Expungement and Pardons can be daunting.
In the United States, an expungement removes a criminal conviction from an individual’s record. This can be done through the court system in most states if the belief was not severe enough to warrant prison time or if it has been some time since the conviction occurred and it no longer affects your life.
On the other hand, a pardon is also a form of relief from criminal charges but is granted by the President or Governor, depending on your state. A pardon does not necessarily erase your criminal record but can give you access to certain rights, such as owning firearms or serving on jury duty. In this article, we will discuss further what each entails so that you can decide whether either is right for you
The Different Types of Pardons:
You may have heard of pardons and expungements in conversations related to criminal justice, but you might be asking yourself, what’s the difference between the two? The first key difference in Understanding the Difference Between Expungement and Pardons is that a pardon comes from a higher authority. It can come from the President, a governor, or sometimes a county executive.
A pardon forgives the offense and restores certain rights to those convicted. Depending on the specifics of the pardon, it might regain gun rights and voting rights or even return certain lost privileges, such as being allowed to work in certain professions after being released from prison. It’s important to note that a pardon does not remove or expunge an arrest or charge from your record; it just means you are forgiven for your conviction.
On the other hand, an expungement removes a charge from your record and prevents employers from seeing it during background checks. This can benefit those looking to get their criminal record cleared for housing and job opportunities. Expungements vary by state; some states allow for the complete erasure of records, while others limit eligibility to those convicted of misdemeanors versus felonies.
Which Situation Is Best for You?
When you have been convicted of a crime, expungement, and pardons can provide different levels of help. Understanding the Difference Between Expungement and Pardons will help you determine the best option for your situation.
Expungement:
Expungement or record sealing destroys all records related to your criminal case so that no one, including employers and landlords, can access them. An expungement will help remove any stigma associated with your criminal record and help secure housing, employment, and other opportunities.
Pardon:
A pardon is an official document issued by a governing body, often the Governor’s office, that pardons an individual from any criminal conviction. Your confidence will remain on file, but officials show mercy by forgiving you for your crime. A pardon can help to eliminate restrictions otherwise imposed on individuals because of their criminal convictions, such as voting or owning firearms.
Both expungements and pardons can offer individuals a fresh start after a criminal conviction. Considering which option best fits your scenario when determining whether expungement or pardons are proper for you is essential.
What Does Expungement Mean for Your Record?
Expungement is a court-ordered process in which your criminal record is destroyed or sealed. This means anyone doing a background check on you – including potential employers would need help accessing it. When your criminal record is expunged, the court orders that all documents related to the case be physically destroyed or returned to you.
Any references to the arrest and conviction are removed from public records. In some cases, employers may still be able to find out about your past, but they are restricted from considering it when hiring.
Expungement also mitigates any potential collateral consequences of a conviction. This includes being denied employment or housing opportunities based on your criminal record, having your driver’s license suspended or revoked, or being ineligible for specific state licenses or benefits. Ultimately, expungement offers individuals the opportunity for a fresh start, allowing them to move forward without worrying about their past convictions holding them back.
What Can Pardons Do for Your Record?
When you have been granted a pardon, it can make an essential difference in your life. Unlike expungement, which completely removes the record of your conviction, pardons do not erase evidence of your criminal record. Still, they restore certain rights associated with a clean record, such as the right to vote and, depending on the type of crime committed, the right to own firearms.
Pardons also demonstrate that you take responsibility for past mistakes and may open up employment opportunities if employers know you were formally pardoned. Furthermore, some states and countries may accept a pardon as evidence when a conviction must be overcome before entering certain professions or being released from deportation proceedings.
Though pardons do not remove evidence of criminal convictions on an individual’s record, it does signal to employers, schools, and other entities that your criminal past has been formally addressed by society. In other words, justice was served, and rehabilitative measures were taken to restore rights taken away due to prior convictions.
What About Other Alternatives to Expungement and Pardons?
When faced with a criminal record that impacts your life, options beyond expungement and pardons are available. Depending on the state and circumstances, these alternatives may be more accessible or realistic than seeking an expungement or pardon. Let’s look at some of the more popular options:
Certificates of Rehabilitation
A certificate of rehabilitation allows individuals to prove their change in lifestyle after conviction and can be used as evidence in court that they have been rehabilitated and are unlikely to commit another crime. This certificate can result in removing voting restrictions for some crimes, but it only sometimes leads to completely removing your record.
Certificates of Good Conduct:
Certificates of good conduct are typically issued by local law enforcement offices and demonstrate an individual’s honorable behavior while living within their community after a conviction. As with certificates of rehabilitation, these documents do not always lead to complete record expungement.
Sealing Records:
In states where this option is available, sealing records is a possible alternative to expungement, which can restrict public access to information about your conviction or arrest record. This does not result in your criminal record being erased altogether, but it can prevent full disclosure during background checks for employment purposes when requested by employers.