Pardon & Clemency by State (2026)
A pardon is official forgiveness from the Governor (or President for federal offenses). Many offenses that cannot be expunged CAN be pardoned. A pardon can restore civil rights, help with employment, and in some states make your conviction eligible for expungement. Below is a state-by-state comparison of pardon authority, waiting periods, and what a pardon does in each state.
Last updated: 2026-03-28. This is informational only, not legal advice.
Federal Pardon (Presidential Clemency)
Federal pardons are granted by the President of the United States through the Office of the Pardon Attorney at the Department of Justice. The process is lengthy, competitive, and the grant rate is very low (approximately 5-7%). Federal pardons cover only federal convictions — they do not affect state convictions.
Authority: President of the United States
Waiting period: 5 years after sentence
Grant rate: ~5-7%
Cost: Free
Pardon vs. Expungement — What's the Difference?
| Feature | Pardon | Expungement |
|---|---|---|
| What it does | Official forgiveness — conviction remains on record | Removes/seals conviction from public view |
| Who decides | Governor / Board / President | Court (judge) |
| Background check | Conviction still shows (with pardon noted) | Conviction hidden from most checks |
| Gun rights | Often restored (varies by state) | May or may not restore |
| Difficulty | Generally harder — political/discretionary | Generally easier — statutory criteria |
| Available for | Almost any offense | Limited to specific offenses per state law |
Recommendation:Pursue expungement first if eligible — it's typically faster and more effective. Seek a pardon when expungement is not available or when you need relief that only a pardon can provide (gun rights, immigration, etc.).
Pardon Comparison (All 51 Jurisdictions)
| State | Authority | Waiting Period | Gun Rights | Cost |
|---|---|---|---|---|
| Alabama | Both | 3 years after completion of sentence (including probation/parole) | May restore | Free |
| Alaska | Governor | No statutory waiting period | Can restore | Free |
| Arizona | Governor | Must have completed sentence (including probation) | Can restore | Free |
| Arkansas | Governor | No formal statutory waiting period | Can restore | Free |
| California | Both | Certificate of Rehabilitation: 7 years after release from custody (or 7 years after the date of the offense for probation-only sentences) | Can restore | Free |
| Colorado | Governor | At least 10 years after completion of sentence for most offenses | Can restore | Free |
| Connecticut | Board of Pardons | 3 years after completion of sentence for misdemeanors; 5 years for felonies | Can restore | Free |
| Delaware | Governor | No formal waiting period but must have completed sentence | May restore | Free |
| District of Columbia | Other | 5 years after completion of sentence (including probation | Can restore | Free |
| Florida | Board of Executive Clemency | 5 years after completion of sentence for non-violent offenses; 7 years for violent offenses; 10 years for certain serious offenses | May restore | Free |
| Georgia | Board of Pardons | 5 years after completion of sentence for a pardon | Can restore | Free |
| Hawaii | Governor | Must have completed sentence | May restore | Free |
| Idaho | Both | Must have completed sentence | Can restore | Free |
| Illinois | Governor | No formal waiting period | Varies | Free |
| Indiana | Governor | No statutory waiting period | Can restore | Free |
| Iowa | Governor | Must have completed sentence | Can restore | Free |
| Kansas | Governor | No statutory waiting period for pardons | Can restore | Free |
| Kentucky | Governor | Must have completed sentence | Can restore | Free |
| Louisiana | Governor | Must have completed sentence | Can restore | Free |
| Maine | Governor | Must have completed sentence | Can restore | Free |
| Maryland | Governor | No statutory waiting period | Can restore | Free |
| Massachusetts | Governor | No formal statutory waiting period | May restore | Free |
| Michigan | Governor | Must have completed sentence | Can restore | Free |
| Minnesota | Board of Pardons | Must have completed sentence | Can restore | Free |
| Mississippi | Governor | Must have completed sentence | Can restore | Free (though newspaper publication costs may apply) |
| Missouri | Governor | Must have completed sentence | Can restore | Free |
| Montana | Governor | Must have completed sentence | Can restore | Free |
| Nebraska | Board of Pardons | At least 2 years after completion of sentence (some guidelines suggest longer) | Can restore | Free |
| Nevada | Both | Must have completed sentence | Can restore | Free |
| New Hampshire | Governor | Must have completed sentence | Can restore | Free |
| New Jersey | Governor | Must have completed sentence | May restore | Free |
| New Mexico | Governor | Must have completed sentence | Can restore | Free |
| New York | Governor | No formal statutory waiting period | Can restore | Free |
| North Carolina | Governor | Must have completed sentence | Can restore | Free |
| North Dakota | Governor | 5 years after completion of sentence | Can restore | Free |
| Ohio | Governor | Must have completed sentence | Can restore | Free |
| Oklahoma | Governor | 10 years after completion of sentence for non-violent offenses; 15 years for violent offenses | Can restore | Free |
| Oregon | Governor | Must have completed sentence | Can restore | Free |
| Pennsylvania | Both | 5 years after completion of sentence (including probation/parole) | Varies | $15 application fee (fee waivers available for those who cannot afford it) |
| Rhode Island | Governor | Must have completed sentence | Can restore | Free |
| South Carolina | Both | 5 years after completion of sentence for most offenses; 10 years for certain violent offenses | Can restore | Free |
| South Dakota | Governor | Must have completed sentence | Can restore | Free |
| Tennessee | Governor | Must have completed sentence | Can restore | Free |
| Texas | Both | Must have completed sentence | Can restore | Free |
| Utah | Both | Must have completed sentence | Can restore | Free |
| Vermont | Governor | Must have completed sentence | Can restore | Free |
| Virginia | Governor | Must have completed sentence | Can restore | Free |
| Washington | Governor | Must have completed sentence | Can restore | Free |
| West Virginia | Governor | Must have completed sentence | Can restore | Free |
| Wisconsin | Governor | Must have completed sentence at least 5 years ago | Can restore | Free |
| Wyoming | Governor | Must have completed sentence | Can restore | Free |
State Pardon Guides
AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingFederal Pardon
Frequently Asked Questions
What is the difference between a pardon and expungement?
Expungement (or record sealing) removes or hides the conviction from public view — it's as if the conviction didn't happen for most purposes. A pardon is official forgiveness from the Governor or President but does NOT erase the conviction from your record. The conviction remains visible, but the pardon is noted alongside it. In some states (like Illinois, Pennsylvania, and Connecticut), a pardon can make your conviction eligible for expungement.
Can any crime be pardoned?
In most states, the Governor (or Board) has the power to pardon any state crime. The President can pardon any federal offense. However, the President cannot pardon state crimes, and Governors cannot pardon federal crimes. Some states have restrictions — for example, in some states the Governor cannot pardon treason or impeachment convictions. As a practical matter, serious violent offenses and sex offenses are rarely pardoned.
Does a pardon restore gun rights?
It depends on the state and the terms of the pardon. Many states allow gun rights restoration through a pardon, but some require a separate petition. Federal firearm restrictions under 18 U.S.C. Section 922(g) may also apply independently. A state pardon does not automatically override federal firearms laws. Consult an attorney for your specific situation.
How long does the pardon process take?
Processing times vary widely. Some states process applications in 3-6 months. Others, like Florida, can take 5-10+ years. Federal pardons typically take 1-3+ years. The speed depends on the state's backlog, the complexity of the case, and the political environment.
Does a pardon erase my criminal record?
No — in most states, a pardon does NOT erase your criminal record. The conviction remains on your record, but the pardon is noted. However, in a few states (Illinois, Pennsylvania, Connecticut), a pardon makes the conviction eligible for expungement, which can then erase it. Check your state's specific rules.
How much does it cost to apply for a pardon?
In most states, pardon applications are free. Pennsylvania charges a $15 fee (with waivers available). Federal pardon applications are free. The main costs are indirect — attorney fees if you hire a lawyer to help with your application, and time spent gathering documentation and attending hearings.
What is the difference between a pardon and a commutation?
A pardon forgives the offense — it's an act of official mercy that may restore civil rights. A commutation reduces the sentence (e.g., from 20 years to 10 years, or from death to life). A commutation does not forgive the offense and generally does not restore civil rights.
Disclaimer: This page is informational only, not legal advice. Pardon and clemency laws, procedures, and political environments change frequently. Consult a qualified attorney for advice about your specific situation.
Sources: State constitution and statutes, Governor's offices, pardon/clemency board websites, DOJ Office of the Pardon Attorney, and Collateral Consequences Resource Center.