Legal Definitions - pardon

A pardon is an official act by an executive authority, such as a president for federal crimes or a governor for state crimes, that completely forgives an individual for a crime. Unlike a commutation, which only reduces or ends a sentence, a pardon goes further by officially absolving the individual of guilt and removing the legal consequences associated with the conviction. This means the person is treated as if they were never convicted of the crime, restoring their rights and clearing their record.

• Restoring Rights After Decades: Imagine a person who was convicted of a non-violent felony several decades ago, served their time, and has since lived an exemplary life, contributing positively to their community. Despite their good conduct, the felony conviction prevents them from holding certain professional licenses or voting in some elections. The state governor, recognizing their rehabilitation and the minor nature of the original offense, grants them a pardon.

  This example illustrates a pardon because it not only ends any remaining punishment but also officially clears the individual's record, absolving them of guilt and restoring their full civil rights, effectively treating them as if the conviction never happened.

• Group Pardon for Policy Change: Following a significant shift in public opinion and new legislation, a state governor issues a blanket pardon for all individuals previously convicted of simple possession of a substance that has now been legalized. This action is taken to address past injustices and align the legal system with current societal values.

  Here, the pardon is applied broadly to a group, demonstrating its use as a tool to rectify historical wrongs and nullify the legal consequences for a class of offenses, reflecting a change in public policy. It removes the guilt and legal stain for those previously convicted under the old law.

• Posthumous Pardon for Historical Injustice: Decades after a prominent civil rights leader was convicted of a minor charge during a period of political unrest, new historical evidence emerges suggesting the conviction was politically motivated and unjust. The current governor, seeking to correct this historical wrong and clear the leader's name, grants a posthumous pardon.

  This scenario shows that a pardon can be granted even after a person's death, serving to clear their reputation and acknowledge that the original conviction was unjust. It officially removes the legal guilt and stigma associated with the past conviction, even if the individual is no longer alive to benefit directly.