A pardon and expungement are two legal options that can help you move on from a criminal record in Mississippi. Although they have different goals and involve different procedures, each can offer relief. Understanding these differences is crucial for anyone looking to clear their record and rebuild their future.
If you’re considering either option, consulting an experienced Mississippi expungement lawyer is a wise step. The differences between pardons and expungements will be addressed in this blog, with an emphasis on how each may affect your future.
1. What is Expungement?
A criminal conviction or arrest can be erased from public records through a legal process. In Mississippi, this means the offense will no longer appear in background checks, giving you a clean slate for most purposes.
Key points about expungement include:
- It erases the record as if the incident never occurred.
- Expunged records cannot be accessed by employers, landlords, or the general public.
- Some government agencies may still see the record for specific purposes.
A skilled Mississippi expungement lawyer can help you navigate the eligibility requirements and guide you through the filing process.
2. What is a Pardon?
A pardon is an official act of forgiveness granted by the governor. While a pardon does not erase the conviction, it acknowledges rehabilitation and removes some of the consequences of a criminal record.
Key points about pardons include:
- They do not expunge or seal the record.
- They restore certain civil rights, such as voting or owning firearms.
- Pardons are discretionary and harder to obtain than expungements.
While both options provide relief, only expungement completely removes the offense from public view.
3. The Key Differences Between Expungement and Pardons
Purpose
- Expungement focuses on erasing the record entirely, allowing individuals to rebuild their lives without the stigma of a criminal history.
- Pardons acknowledge that the offense occurred but provide forgiveness and restore some rights.
Effect on Records
- Expungement makes the record invisible to most entities.
- Pardons leave the record visible but include a note of forgiveness.
Process
- Expungement involves filing a petition with the court, meeting eligibility criteria, and possibly attending a hearing.
- Pardons require an application to the governor, who has complete discretion over the decision.
Eligibility
Since eligibility differs for expungement and pardons, a consultation with our legal team can help you identify the best path forward
4. Who Qualifies for Expungement in Mississippi?
There are stringent guidelines in Mississippi regarding who is eligible for expungement. Eligibility is typically determined by the offense committed and if specific requirements are fulfilled:
Eligible Offenses:
- Certain misdemeanors.
- Some felony convictions after a five-year waiting period.
- Arrests that did not lead to a conviction.
Conditions:
- Completion of the sentence, including probation or parole.
- No additional convictions during the waiting period.
It’s important to note that not all offenses are eligible. For instance, violent crimes and sex offenses typically cannot be expunged. An experienced Mississippi expungement lawyer can review your situation and help determine if expungement is an option.
5. Who Qualifies for a Pardon in Mississippi?
In order to be eligible for a pardon, one must exhibit good character and rehabilitation. Although the governor has authority, eligibility is frequently influenced by the following factors:
Typical Requirements:
- A significant amount of time (usually seven years) must have passed since completing the sentence.
- A clean record after the conviction.
- Evidence of community involvement or good conduct.
Offenses:
There are no categorical exclusions for pardons, in contrast to expungement. However, the governor’s office often reviews serious offenses more carefully.
6. Benefits of Expungement
For many people, expungement offers immediate and practical benefits, including:
Improved Employment Opportunities
Chances for employment may be affected by a criminal record. Expungement guarantees that the conviction won’t appear on background checks for potential employers.
Better Housing Options
Landlords often conduct background checks on applicants. With an expunged record, you’re more likely to secure housing.
Peace of Mind
Knowing your record is cleared can relieve the stress and stigma associated with a criminal past.
An experienced Mississippi expungement lawyer can help ensure the process is completed correctly to maximize these benefits.
7. Benefits of a Pardon
Although a pardon does not erase a criminal record, it can still provide meaningful benefits, such as:
Restoration of Civil Rights
In Mississippi, a pardon can restore your right to vote, hold public office, and own firearms.
Recognition of Rehabilitation
A pardon signifies that you have effectively reintegrated into society after accepting responsibility for your acts.
Personal Closure
For some, receiving a pardon provides emotional and symbolic closure.
8. The Legal Process for Expungement
The steps for expungement in Mississippi typically include:
- Determine Eligibility An experienced Mississippi expungement lawyer can review your case to ensure you meet the criteria.
- File a Petition This involves submitting legal documents to the appropriate court.
- Attend a Hearing (if required) In some cases, the court may require a hearing to decide whether to grant the expungement.
- Receive a Decision If approved, the record will be sealed or removed from public databases.
9. The Legal Process for Pardons
The more flexible procedure for requesting a pardon consists of:
- Complete the Application Submit an application to the governor’s office with recommendation letters and proof of rehabilitation.
- Wait for a Decision The governor reviews applications and may grant or deny the pardon without explanation.
- Public Notice Mississippi requires public notice of pardon applications, allowing for objections.
Due to the complexity and uncertainty of this process, consulting a skilled Mississippi expungement lawyer or pardon attorney is often helpful.
10. Which Option Is Right for You?
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.
- If restoring civil rights is your priority, a pardon may be more appropriate.
Discuss your situation with an experienced Mississippi expungement lawyer to determine the best path forward.
11. Common Myths About Expungement and Pardons
Myth: Expungement and Pardons Are the Same
Fact: Expungement erases the record, while a pardon forgives the offense but leaves the record intact.
Myth: Any Crime Can Be Expunged or Pardoned
Fact: Expungement has strict eligibility rules, and pardons are granted at the governor’s discretion.
12. How to Get Started
Taking the first step toward expungement or a pardon can feel daunting, but it doesn’t have to be. Here’s how to begin:
- Consult a Lawyer: An experienced Mississippi expungement lawyer can evaluate your case and guide you through the process.
- Gather Documentation: Collect court records, proof of rehabilitation, and other relevant documents.
- File Your Petition or Application: Accurate filing is essential, whether you’re pursuing expungement or a pardon.
- Be Patient: These processes take time, but persistence and proper legal representation can pay off.
Final Thoughts
Knowing the differences between expungement and pardons in Mississippi is key to making the best decision for your future.The advice of an experienced Mississippi Criminal Defense Lawyer can make a big impact, whether you’re looking for forgiveness through a pardon or a fresh start through expungement.
Clearing your criminal record can open doors to new opportunities and a fresh start. Don’t wait—reach out today to explore your options and take the first step toward a new chapter in your life.
The Law Firm of Tangi Carter & Associates P.A. is available to help if you or someone you know has a criminal record in Mississippi. Those with prior criminal records have been successfully expunged and pardoned by our team of skilled Mississippi expungement lawyers. To talk about your case and go over your legal options, we provide free consultations. To arrange your consultation, give us a call at 601-544-1313 or send us an email at admin5@tangicarterlaw.com. Our goal is to safeguard your future.