On the surface, expungement and pardon seem similar since both may involve the removal of a criminal record. However, there’s a significant difference between the two.
Key differences
The most significant difference between a pardon and an expungement is that a pardon does not erase the record of the crime. It only “forgives” the crime, relieving the convicted of having to serve the penalty. Expungement clears the charge from the record.
Other differences include:
- A pardon can apply to any crime. Expungements might only be relevant to select convictions, such as misdemeanors and minor offenses.
- Only a governor (for state crimes) and a president (for federal crimes) can grant pardons, while a court with authority over the case can approve expungements.
- Expungements are typically only available for cases that were dismissed or deferred.
While expungement may seem like a free get-out-of-jail card, it has limits, especially concerning total privacy.
Who is eligible for expungement in Montana?
The state usually allows a person to apply for expungement if they meet the following conditions:
- Convicted of misdemeanor charges
- Has not applied for expungement before
- Has fingerprints taken for validation
- Has completed their sentence
Additionally, the court has the discretion to grant the request or not based on the request’s details.
Navigating the entire process
Expungement could be a lengthy process involving attending a hearing and proving good behavior post-conviction. Your life does not have to stop because of past lapses in judgment. Experienced counsel can help the process move forward smoothly, which could be your first step to starting a new life.
