Is a Pardon the Same as an Expungement?

A pardon and an expungement are two different things. They are sometimes compared to forgiving and forgetting. If you are pardoned for an offense, the government "forgives" you for your crime—but depending on the state, your criminal record may not be erased. On the other hand, if your record is expunged, it is "forgotten" for most purposes and likely sealed from public view.

What Does a Pardon Do?

Receiving a pardon frees you from the conditions of your sentence and may restore some or all of your civil rights (such as the right to vote or sit on a jury). But it does not clear your record. For instance, a person who receives a federal pardon will still have a criminal record—it will contain a notation of the pardon. Only in a few states will a pardon clear one's record. Many states treat pardons the same way as the federal government does, by allowing public access to the record and adding a notation indicating the pardon.

To learn more, check out the Collateral Consequences Resource Center's 50-state comparison of pardon policies and effects.

What Does an Expungement Do?

For expunged records, most states will prevent the public from seeing the record, meaning most prospective employers, landlords, or loan agents will not know it exists. But an expunged record will still be available for criminal justice purposes, such as future criminal charges or sentencing.

In states that do not clear your record when you are granted a pardon, you must apply separately to have your record expunged. To learn more about how to expunge or seal a criminal record in your state, check out Expunging or Sealing an Adult Criminal Record.

Getting Legal Help

If you need help with your criminal record, speak to a criminal defense attorney. It's important to find out what civil rights are restored when you get a pardon. States vary in this area. For example, a pardon might not restore your right to possess a firearm.

Some law schools and nonprofit organizations also help individuals clear their criminal records and understand the effects of expungement and pardons. Check out local schools and organizations to see if they offer "expungement clinics."