What's the difference between being pardoned and your sentence commuted?

Asked by: Bennie Sporer  |  Last update: May 14, 2026
Score: 4.7/5 (65 votes)

A pardon forgives a crime and restores rights, acting like the conviction never happened (though it may stay on record), while a commutation reduces a sentence (like prison time) but keeps the conviction, meaning the person is still a convicted criminal but with a lesser penalty. A pardon is for forgiveness and reputation restoration, removing civil penalties; a commutation is for reducing punishment and recognizing rehabilitation, but doesn't erase the conviction or fully restore rights.

Is a commutation the same as a pardon?

While a pardon deletes a conviction, a commutation keeps the conviction but deletes or lowers the punishment. The conviction stays on the record, and the person who receives the commutation does not have any rights restored.

Does a commuted sentence mean you go free?

Pardons forgive the defendant for the crime, while commutation only reduces the sentence. Conviction. A commutation doesn't wipe out or affect a criminal conviction, whereas a pardon relieves one from the consequences of a conviction. (This is different from expungement.)

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. 

Is a pardon better than an 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.
 

Pardon vs Commutation - What's The Difference between presidential pardon and commute

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What happens to your record when you are pardoned?

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.

How many people did Trump pardon?

List of people granted executive clemency in the second Trump presidency. In his role as the 47th president of the United States (January 20, 2025 – present), Donald Trump granted executive clemency to more than 1,600 individuals as of July 23, 2025, all of whom were charged or convicted of federal criminal offenses.

Who cannot be pardoned by the president?

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.

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.

Who decides if a sentence is commuted?

Under the Constitution of California, the governor holds absolute authority in deciding whether to grant a commutation and will generally assess the following factors when considering a commutation application: The nature and severity of the offense. The sentence imposed.

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 are usually commuted?

Generally speaking, any sentence can be commuted, except for those sentences related to the impeachment of a politician or for treason.

What is better than a pardon?

The choice between expungement and a pardon depends on your goals and circumstances: If you want to completely erase a criminal record, expungement is the better option.

What does a presidential pardon get you?

Pardons extend to all federal criminal offenses, except in cases of impeachment, and entail various forms of clemency, including commuting or postponing a sentence, remitting a fine or restitution, delaying the imposition of a punishment, and providing amnesty to an entire group or class of individuals.

What does it mean when a pardon is commuted?

The Commutation of Sentence

A commutation of sentence is also known simply as a commutation. It is a form of reprieve granted to federal prisoners by the President of the United States. If a commutation gets granted, the prisoner's sentence gets reduced, but the prisoner's other rights don't get restored.

Are you still a felon if you are pardoned by the president?

A pardon does not erase or expunge the record of conviction. It is, however, an indication of forgiveness and should lessen the stigma of conviction.

Which President never pardoned?

Only two U.S. Presidents never granted any pardons: William Henry Harrison, who died just a month into his term, and James A. Garfield, who was assassinated early in his presidency, leaving neither with enough time to exercise their pardon power. 

Can a presidential pardoned felon own a firearm?

Only the President of the United States can grant a pardon for a federal felony, which can restore the right to own firearms. The pardon does not erase the conviction but can lift certain civil restrictions associated with it, including gun rights.

How many people did Bill Clinton pardon?

As president, Clinton used his power under the U.S. Constitution to grant pardons and clemency to 456 people, thus commuting the sentences of those already convicted of a crime, and obviating a trial for those not yet convicted.

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.

How many pardons did Trump give on his first term?

Number of pardons

Overall, Trump granted fewer clemencies than many of the modern presidents during his first term. Since 1921, only two Presidents granted clemency on fewer occasions than Trump. In Trump's first term, he granted clemency 237 times, compared with about 78 by George H. W.

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 is 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.