Pardons and expungements are two options people seek out to remove or mitigate the impact of a conviction. While both offer forms of relief, they operate very differently. When seeking to move on from the past, it’s important to know the difference between the two. This article explores these differences between pardons and expungements to help you understand which option might be right for you.
What Is a Pardon?
The Governor of Oklahoma grants a pardon as an official act of forgiveness. It does not erase the criminal conviction but recognizes rehabilitation or that the individual deserves relief from certain consequences of the conviction. A pardon can restore rights lost due to the conviction, such as the right to vote.
There is also a federal pardon, which is a much more extensive process. This version is where the president must agree to the pardon in order to grant it. It can take several years to go through the process of receiving a federal pardon. A federal pardon takes so long because of how rigorous the requirements are to achieve one.
Additionally, it’s important to note that the conviction will still appear on background checks. A pardon may be helpful in showing employers or others that you have made positive changes since your conviction, but it does not “clear” your record in the way an expungement does.
What Is an Expungement?
An expungement is a legal process that allows for the removal or sealing of certain criminal records. In Oklahoma, there are two types of expungements:
- Section 18 Expungement (Full Expungement): This removes the record from public view, preventing it from appearing on background checks and allowing access only under limited circumstances, such as by law enforcement or certain government agencies.
- Section 991(c) Expungement (Deferred Sentence Expungement): This expunges the record of a deferred sentence after successful completion of probation, but the record of arrest and prosecution remains visible.
Unlike pardons, expungements effectively erase or seal the record of the crime, making it as though the conviction never occurred. This can have a significant impact on your ability to find employment, secure housing, or pass background checks.
Key Differences Between Pardons and Expungements
There are a few key differences between pardons and expungements. Firstly, a pardon does not remove the conviction from your record, but you are officially forgiven. An expungement however removes or seals the record from public view, making it inaccessible to most employers, landlords, and others conducting background checks. Further, a pardon can restore certain rights lost due to a felony conviction, such as voting rights or firearm rights. Expungements merely seal the record, but does not automatically restore rights like the right to possess firearms. Because of this, often people will seek a pardon then get an expungement to clear out the whole charge.
This does not mean that there aren’t similarities. For instance, both pardons and expungements require a person to not have any pending court issues in order for them to be granted. Additionally, you must show that you are not someone who is a recidivist. Pardons and expungements are not get out of jail free cards. They are there to help people who have turned their lives around move on from their past.
In some cases, individuals may be able to obtain both a pardon and an expungement. Receiving a pardon can improve your chances of getting an expungement, but it is not a requirement for expungement. For instance, if you have a felony conviction, receiving a pardon might help demonstrate rehabilitation when you apply for expungement, but the two processes are distinct.
OKC Expungement and Pardon Attorneys
Pardons and expungements serve different purposes in Oklahoma’s legal system. A pardon forgives a crime and may restore certain rights, while an expungement seals or removes the criminal record from public view. Understanding the distinction between these two processes is critical for anyone seeking to move beyond a criminal conviction and regain full participation in society.
If you’re considering filing for either a pardon or expungement, our expungement team at OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
