Can you investigate someone who has been pardoned?
Asked by: Modesta Bechtelar | Last update: April 14, 2026Score: 4.9/5 (12 votes)
Yes, someone who has been pardoned can still be investigated, as a pardon doesn't erase the criminal record but rather forgives the offense and restores rights, meaning past actions can still be scrutinized, especially for state crimes or if a new crime is suspected, though a pardon might halt certain federal prosecutions. State authorities can investigate pardoned individuals for state offenses, and federal pardons don't cover state crimes. Investigations can also focus on the circumstances of the pardon itself or potential new crimes, as the original conviction often remains visible.
Can you still prosecute someone who has been pardoned?
Once a pardon is given and accepted, the matter has been concluded. The person may only be tried for any crimes committed outside the defined scope of the pardon. The only way to overturn a pardon would be finding that it was not made lawfully, such as "in cases of impeachment," where the Constitution prohibits it.
Are pardons public knowledge?
For those worried about privacy or safety, the options are limited. While documents submitted as part of a clemency petition (like personal statements or letters of support) are usually not disclosed under FOIA, the final decision—the pardon itself—is a matter of public record.
Can you sue someone who has been pardoned?
Yes, they can be sued civilly
Or, for that matter, be prosecuted by another jurisdiction- pardons only work within the jurisdiction that issued them.
Are you still considered a felon if you are pardoned?
The Supreme Court's decision in Carlesi v. New York (1914) clarified that pardons do not erase a criminal's record. Courts may still consider a prior offense for which the convicted received a pardon in a subsequent conviction.
Talking ICE, DOJ, and pardons with Jim Acosta
Do pardoned crimes show up on a background check?
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.
What are the consequences of being pardoned?
When you get pardoned, you are forgiven for a crime, which removes some or all legal consequences and restores your civil rights (like voting, holding office, owning firearms), but it doesn't erase the conviction; the record still exists but shows forgiveness, though some jurisdictions allow for expungement separately. A pardon ends punishment, helps overcome collateral consequences (like job barriers), and can be full (complete restoration) or conditional (requires fulfilling obligations).
Has Donald Trump pardoned anyone?
Trump issued a total of 144 pardons during his first four years in office: 1 in 2017, 6 in 2018, 11 in 2019, 52 in 2020, and 74 in January 2021.
Do pardoned crimes stay on record?
A federal pardon is an official act of presidential forgiveness for a federal crime. It is not an expungement or erasure of the conviction, the criminal record remains, but the pardon demonstrates that the person has been forgiven and has earned a second chance.
What is the 72 hour rule in jail?
The "72-hour rule" in jail refers to the time limit for law enforcement to bring an arrested person before a judge for their initial appearance (arraignment), where charges are formally presented, bail set, and counsel appointed; if no charges are filed within this period (excluding weekends/holidays), the person must be released, though this doesn't prevent future charges. It's a critical window for legal rights, especially for counsel and bail, and highlights the importance of early legal representation to potentially influence outcomes like lower bail or evidence preservation.
Is a pardon better than expungement?
Neither a pardon nor an expungement is inherently "better"; they serve different goals: an expungement seals or erases a record, making it seem like the crime never happened (ideal for hiding history), while a pardon is forgiveness for a crime, restoring rights (like voting or firearms) but leaving the conviction on your record (good for post-conviction rights). Your choice depends on your main goal—erasure versus rights restoration—and eligibility, as pardons are rarer and expungements often restricted to certain offenses or timeframes.
How many pardons did Barack Obama hand out?
Of the acts of clemency, 1,715 were commutations (including 504 life sentences) and 212 were pardons. Most individuals granted executive clemency by Obama had been convicted on drug charges, and had received lengthy and sometimes mandatory sentences at the height of the war on drugs.
What are the four types of pardons?
While pardon types vary, the four core forms of executive clemency often cited are Pardon (forgives the crime, restores rights), Amnesty (like a pardon but for a whole group), Commutation (reduces a sentence), and Reprieve (delays a sentence), with variations like conditional pardons and remissions also existing.
What crimes cannot be pardoned?
Under the Constitution, the President has the authority to grant pardon for federal offenses, including those obtained in the United States District Courts, the Superior Court of the District of Columbia, and military courts-martial. The President cannot pardon a state criminal offense.
Do pardoned felons get their rights back?
The rights to run for office, serve on a jury, or possess a handgun can only be restored by a pardon. Restoration process also applies to those with federal and out-of-state convictions.
Do pardons show on background checks?
A pardon, unlike an expungement — a process by which criminal convictions are essentially erased from records — may not remove a charge or conviction from all background checks depending on the state and the background check provider.
What are the benefits of being pardoned?
Pardons are one of the most important powers presidents have. With a swipe of their pen, they can erase a person's federal criminal conviction, freeing them from prison if they're locked up, and erasing the collateral consequences that often haunt people even after they've served their sentence.
Which President did not use the Bible to take the oath of office?
Several U.S. Presidents did not use a Bible for their oath, including John Quincy Adams (used a law book), Theodore Roosevelt (used no book at his first swearing-in), and Lyndon B. Johnson (used a Catholic missal), with Calvin Coolidge also noting he didn't use one, adhering to Vermont tradition. The Constitution doesn't require a Bible, allowing for these variations, often signifying a belief in secularism or responding to unique circumstances.
Did Trump pardon Rudy Giuliani?
In April 2024, he was indicted on charges related to the 2020 election in Arizona. He was later disbarred in the state of New York in July, and in the District of Columbia in September. In November 2025, Trump pardoned Giuliani.
Are you still a felon if you are pardoned?
No, a pardon doesn't erase your felony conviction from your record, but it forgives the crime, restores your rights, and signifies you've been rehabilitated, meaning you're no longer legally considered a felon for many purposes, though the conviction history remains, often noted with "pardon". It lifts punishments and civil disabilities (like voting, gun rights, jury duty) but doesn't expunge the record; for a clean slate, you often need a separate expungement, if eligible.
What benefits does a person receive when given a pardon?
Without a doubt this is a most successful program which reduces recidivism and increases public safety. A pardon or record suspension facilitates obtaining employment and housing and reduces unnecessary stigma in other facets of life.
How hard is it to get pardoned?
A pardon can restore some, but not all, rights lost due to a conviction. It does not erase or seal a record. California Constitution, Article 5, §8. Pardons are very rare and given out in exceptional circumstances.