Many people use the terms “pardon” and “expungement” interchangeably, but they are very different forms of relief under Oklahoma law. Determining whether you should pursue a pardon or an expungement depends largely on your criminal history, the type of conviction involved, and whether you currently qualify for an expungement.

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What Does a Pardon Do?

A pardon is granted by the Governor of Oklahoma after a recommendation from the Oklahoma Pardon and Parole Board. A pardon recognizes rehabilitation and forgiveness for the offense, but it does not erase the conviction or seal court records. The conviction generally remains visible during background checks.

A pardon may help:

• Restore certain civil rights;
• Improve employment opportunities;
• Improve professional licensing opportunities;
• Serve as a stepping stone toward a future expungement in some cases.

What Does an Expungement Do?

An expungement is often far more valuable because it seals eligible criminal records from public view. Oklahoma law defines expungement as the sealing of criminal records and related public records arising from the same arrest or occurrence.

A successful Section 18 expungement can:

• Seal court records;
• Seal OSBI records;
• Remove the matter from most public record searches;
• Prevent most employers and landlords from seeing the case during routine background checks.

For many people in Tahlequah and Cherokee County, an expungement provides substantially greater practical benefits than a pardon alone.

When a Pardon May Make Sense First

There are circumstances where a pardon should be pursued first.

For example, some felony convictions—particularly certain violent felony convictions—may require a pardon before becoming eligible for expungement relief. Oklahoma law now allows individuals who have received a pardon to seek expungement under circumstances that were previously unavailable.

In these situations, the pardon is often the first step toward eventually obtaining an expungement.

When an Expungement Is Usually the Better Choice

If you already qualify for a Section 18 expungement, filing for the expungement is often the better option because it directly addresses the problem most people are trying to solve: public access to their criminal record.

Many nonviolent felony convictions, dismissed charges, acquittals, deferred sentences, and other qualifying matters may be eligible for expungement without first obtaining a pardon. Eligibility depends on the specific conviction, criminal history, waiting periods, and whether any charges are currently pending.

Questions to Ask Yourself

Before deciding whether to pursue a pardon or expungement, consider:

• Was the case dismissed or were you found not guilty?
• Did you receive a deferred sentence?
• Was the conviction a misdemeanor or felony?
• Was the offense classified as violent or nonviolent?
• How long has it been since you completed your sentence?
• Do you have additional convictions?
• Are any criminal charges currently pending?

The answers to these questions often determine which option is available and which strategy is most beneficial.

Tahlequah Expungement and Pardon Attorneys

The choice between a pardon and an expungement is highly fact-specific. Because an expungement can often provide greater relief than a pardon alone, it is important to have your record reviewed before deciding which path is right for you. For a free and confidential consultation with one of the Expungement Lawyers at Tahlequah Lawyers call 539-867-2321. Or follow this link to ask an online legal question.