The legal system can be confusing, even for attorneys, so it only stands to reason that, even as a former prosecutor, you may not know the difference between expungement and pardon. While both processes are designed to give an individual a clean slate, they have different functions and procedures. In this post, we will delve into these legal terms and how each can affect a person’s life.
What is Expungement?
Expungement is the legal process of removing a criminal record from public access. Put simply, the record is treated as though it never existed for all intents and purposes. Expungement can be life-changing for people looking for jobs, housing, or education. Having a clean past will allow you to gain access to many opportunities that may otherwise be closed to you owing to your criminal record. Knowing the difference between expungement vs pardon can be key to many people facing difficult circumstances.
Expungement eligibility requirements depend on the jurisdiction. It is usually used for petty crimes, first offenses, or cases in which a defendant was found not guilty. In many cases, people must serve their sentence, including probation, and be in good standing before applying. Consult local laws for a deeper idea of the qualifying requirements.
The Expungement Process
There are three steps to achieving an expungement. First, an individual will need to petition the court. This petition often needs precise information about the conviction, such as the dates and types of the offense. Additional evidence, like character references or proof of having served rehabilitation programs, may support the case.
After the petition is filed, a hearing is set. At this hearing, the court considers the petition and the prosecution’s objections. If the expungement is granted, the record is ordered sealed, and the public cannot access it.
Understanding Pardons
A pardon is simply forgiveness from an official entity, typically the governor or the president. Unlike an expungement, a pardon does not remove a conviction from a person’s record. It does not punish the offense but rather pardons it, often reinstituting rights lost due to the sentence, like the right to vote or possess a gun.
Pardons have many purposes. Some might even say that the person was rehabilitated or that the punishment was too harsh. Not every pardon is clearly deserved, but it is sometimes appropriate to pardon those who have been wrongfully convicted due to judicial error. A pardon is generally an act of discretion, meaning officials may choose whether or not to issue one.
The Pardon Process
The process for getting a pardon is different than that of an expungement. An applicant for a pardon must apply using the appropriate form to the relevant authority. This application usually consists of a personal letter, explaining the nature of the offense and why the applicant is asking for a pardon.
Letters of recommendation, proof of rehabilitation, and community involvement are essential. Proof, such as supporting documents, can strengthen the application. This may include a board or advisory committee recommendation, with the final decision resting with the granting authority.
Differences Between Expungement and Pardon
Although both processes provide relief from the effects of a conviction, they are very distinct in their effects and procedures. Expungement clears the record from public view, whereas a pardon acknowledges a sentence but then absolves the individual.
Expungement is a judicial process with specific legal requirements. On the other hand, a pardon is an executive decision with some form of discretion, generally not a judicial issue. Knowing these differences can help people decide which is best for them.
Impact on Individuals
An expungement and pardon can change a person’s life. Expungement, eliminating the stigma of a criminal record, will open doors for employment, housing, and acceptance into society. A pardon is a form of vindication, allowing the person to have their rights restored. They can move on with their life by showing they have changed after the crime and have spent time being rehabilitated with a pardon.
Although both can facilitate an individual’s further progress, there is a correct way to go about this, and that will differ depending on the offense and what the individual is trying to achieve. A lawyer can provide further direction for particular situations.
Conclusion
It is essential for those looking for relief from the consequences of a criminal conviction to understand the differences between expungement and pardon. All processes have pros and cons, influencing a person’s future in diverse ways. Thus, by learning about these legal paths, individuals can better navigate their legal options and find a path to a more fruitful future.
Also Read: What Makes Truck Accidents Legally Complex?
