Pardon vs. Expungement: Which is Better?
Has your criminal record been holding you back? Have you struggled to find a job that pays well? Were you turned down for a rental home? Did your child’s school pass you over for a different parent volunteer? Pardons and expungements are powerful tools that can help you move past your mistakes and build a better life for yourself.
Should you seek a pardon, an expungement, or both? Read on to learn the differences between the two and their benefits.
What is a Pardon?
A pardon is official forgiveness from the State of Oklahoma to someone who has been convicted of a felony offense. Upon request, the Governor may decide to issue a pardon after submission of a formal application and receipt of a favorable recommendation from the Oklahoma Pardon and Parole Board. From start to finish, the pardon process takes 6 – 12 months. If your application is denied, you can reapply after one year.
A pardon has many benefits, but it does not erase your criminal history. Potential employers will still see the conviction when performing a background check, and the criminal record will appear in all publicly accessible databases.
Who is Eligible?
To be eligible for a pardon, you must:
Have completed the full sentence for the crime you wish to have pardoned.
No longer be under any court supervision.
Have paid all fines, court costs, and restitution in full.
Have an Oklahoma conviction – the Governor cannot pardon crimes committed outside of Oklahoma.
Not have any other pending charges.
Think you may be eligible? Take our free Pardon Eligibility Quiz to find out.
Benefits of a Pardon
Even though a pardon doesn’t hide or erase your criminal history, it still has significant benefits, including:
Restoration of firearm ownership rights.
Ability to apply for a passport.
Ability to hold public office.
Improved employment prospects.
Can speed up the expungement process for non-violent crimes – people who receive a pardon for a felony conviction can petition to have their records expunged, regardless of the length of time since conviction or type of crime.
Opens the door to an expungement for a violent crime – in fact, you MUST receive a pardon for a violent crime before you can petition to have it expunged from your record.
What is an Expungement?
An expungement is a legal process that allows a person to get his or her public criminal record(s) officially sealed by Court Order. It’s the only way to erase your criminal record completely. After getting an expungement, it’s like the event never happened, so you can legally and honestly deny that the expunged incident ever occurred.
There are fifteen separate eligibility categories for expungements. One of the simplest ways to become eligible is to receive a deferred sentence. By doing so, misdemeanor crimes become eligible for an expungement one year after the end of the deferred sentence. Without a deferral, you’d need to wait five years after a misdemeanor conviction before you can apply for one.
Partial vs. Full Expungement
A “Partial” or “991c” expungement clears a person’s court record associated with a criminal matter (at the Court Clerk’s office, oscn.com, and odcr.com), but it does not expunge the arrest record associated with the incident. A partial expungement can help you avoid some of the challenges of having a criminal record until enough time has passed to apply for a “Full” expungement.
A “Full” or “Section 18/19” expungement clears a person’s criminal history completely, including the public record of the person’s arrest(s), the charge(s), and the court disposition(s). A “Full” expungement is the only way to completely erase your criminal history from the Court Clerk’s office, oscn.net, odcr.net, OSBI background checks, and any other publicly accessible criminal database. With a “Full” expungement, you can finally move past your mistakes to build a better life.
Benefits of an Expungement
If you’ve ever lost an opportunity because of your criminal record, then an expungement can help. Some of the most significant expungement benefits you’ll experience are:
Being able to get a better job because you no longer have a criminal history.
Getting a housing lease.
Securing a financial loan.
Entering the military.
Earning admission to a college or university.
Ability to earn professional licensure.
Ability to volunteer at your child’s school.
Protecting your privacy from nosy neighbors, in-laws, or curious coworkers.
Should You Get a Pardon or an Expungement?
A pardon is forgiveness for your crime, but your criminal record still exists. However, it’s the only way to have all of your rights restored after a felony conviction. Also, violent felonies are not eligible for an expungement without being pardoned first. An expungement is the only way to fully and completely erase your criminal history so that it never holds you back again.
Pardons and expungements go hand-in-hand for many people, but not everyone needs both. To see if you’re eligible for an expungement, take our free Expungement Eligibility Quiz.
Successfully navigating the pardon and expungement processes can be complicated, which is why you should work with an experienced pardon and expungement attorney. If you’re ready to move past your mistakes, get in touch with us today.
