Is it better to get a pardon or expungement?
Asked by: Dr. Bruce Walsh Sr. | Last update: April 10, 2026Score: 4.1/5 (24 votes)
An expungement is generally better for most people because it seals or erases the record, making it seem like the crime never happened for most background checks, while a pardon forgives the crime but leaves the conviction on the record with a note, restoring some rights but not hiding the history. Expungements clear the record for employment/housing, but are limited to certain offenses; pardons are rarer, cover more serious crimes, restore rights (like voting, firearms), but the record remains visible. The "better" option depends on your specific crime and goals, with expungement offering a "fresh start" and pardon offering "official forgiveness".
What's better, expungement or pardon?
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.
Does being pardoned clear your record?
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 crimes cannot be expunged in Arkansas?
In Arkansas, you generally cannot expunge charges for serious violent felonies (murder, rape, kidnapping), Class Y felonies, sexual offenses involving a minor, or crimes requiring lifetime sex offender registration, plus many other violent crimes or felonies with long sentences, though eligibility depends heavily on the specific charge and circumstances, with some drug offenses and lesser felonies often being eligible after meeting waiting periods and conditions.
Is it better to have your record sealed or expunged?
It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate.
What you need to know about the Pardon Process in Pennsylvania? Who is eligible and who decides?
Should I get my record sealed or expunged?
Key Takeaways: Expunging criminal records destroys the records, and sealing records hides them from public view. Sealing or expunging your criminal record will keep it out of public background checks from employers and landlords.
What crimes are not eligible for expungement?
Crimes that generally cannot be expunged include serious violent offenses (murder, rape, assault), sex offenses (especially against minors, requiring registration), human trafficking, terrorism, DUI/DWI, domestic violence, and certain federal crimes, though specific exclusions vary significantly by state and often involve felonies or crimes involving serious bodily harm or vulnerable victims.
How much does expungement cost in Arkansas?
Pursuing expungement in Arkansas includes some costs. Filing fees for a petition to seal typically range from $50 to $150, depending on the county and offense type. You may also need to purchase certified copies of court records or pay for background checks, which can add $5–$20 or more per document.
Is expunging your record worth it?
Yes, for most eligible individuals, expungement is generally considered worth the effort as it removes barriers to employment, housing, education, and financial stability, offering a fresh start and reduced stigma, though it has limitations and eligibility depends on state laws and crime type. The benefits of greater opportunity and peace of mind often outweigh the costs and time involved in the process, but it doesn't erase records from all government databases or guarantee clearance for certain high-level professions.
How to get a pardon in Arkansas?
Any person making a request for clemency must first have their application processed by the Board of Parole in what is called a screening. This will determine if there is any merit to the application. A victim can only make written recommendations to the Board of Parole during this step of the process.
What crimes cannot be pardoned?
The President of the United States may pardon anyone who commits a federal offense against the United States. They may also pardon anyone who commits a federal offense against the District of Columbia. The president cannot grant pardons for violations of state laws.
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.
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.
Does a pardon mean your record is wiped clean?
The California Constitution gives the Governor the right to pardon someone convicted of a crime in California. 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.
Do you still have a record if you get pardoned?
Does a pardon erase a conviction from the record? No. A pardon To release someone from punishment for a crime they were convicted of committing forgives the conviction When someone is declared guilty of a crime by a court but does not erase it from the record.
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).
Can the FBI see my expunged record?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
Can a judge see an expunged record?
If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.
Is it better to get your record expunged or sealed?
It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate.
What charges cannot be expunged in Arkansas?
In Arkansas, you generally cannot expunge charges for serious violent felonies (murder, rape, kidnapping), Class Y felonies, sexual offenses involving a minor, or crimes requiring lifetime sex offender registration, plus many other violent crimes or felonies with long sentences, though eligibility depends heavily on the specific charge and circumstances, with some drug offenses and lesser felonies often being eligible after meeting waiting periods and conditions.
How long does expungement take in Arkansas?
Felony expungement in Arkansas typically takes about three to six months from filing to final order. The exact timeline depends on the county, court backlog, and whether anyone objects to your petition. Delays are common when court records or documents are missing, or if there are questions about eligibility.
What felonies are not eligible for expungement?
Generally, serious felonies like murder, violent crimes (e.g., aggravated assault, kidnapping, robbery), sex offenses (especially against minors), and domestic violence convictions are often ineligible for expungement across most states, with specific exclusions varying by jurisdiction, while federal felonies are typically not expungeable at all, but state laws have exceptions for certain offenses like some DUIs or lower-level drug crimes.
What happens if expungement is denied?
A denied expungement petition can feel like a major setback, but it is not necessarily the end of the road. A Santa Rosa criminal defense lawyer can review the court's decision, identify any errors in the original petition filing or legal arguments, and explain your next legal steps.
How do I clean up my background check?
A "clear background check" means no significant criminal history, negative records, or red flags were found, indicating a clean record for employment, housing, or other screening, often achieved through legal expungement or simply having no reportable issues. To actively clear your record from future checks, you'd typically pursue court-ordered expungement or sealing for past offenses, using legal documents to erase certain records from databases, though this requires specific legal processes.
Is it better to seal or expunge?
It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate.