Criminal Law

If a pardon by the Governor does not remove, expunge or seal…

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If a pardon by the...
If a pardon by the Governor does not remove, expunge or seal a conviction, does that mean that it could not be used to erase a second conviction in order to expunge a conviction that was for under the age of 18... Read full answer
If a pardon by the Governor does not remove, expunge or seal a conviction, does that mean that it could not be used to erase a second conviction in order to expunge a conviction that was for under the age of 18
Submitted: 9 years ago.Category: Criminal Law
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3/15/2010
Criminal Lawyer: Samuel II, Attorney at Law replied 9 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,012
Experience: Handle criminal matters in both state and federal courts.
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hi

 

first of all, the pardon and expungement are two separate proceedings. in many cases, one needs to apply for a pardon before they can file for an expungement. however, the pardon will not guarantee that an expungement will be granted.

 

one is at the executive level and the other at the judicial level.

 

secondly, unless the minor was charged as an adult, the record should be sealed. but if the crime is of a nature the minor was charged and convicted as an adult, and the crime was one that required a pardon before expungement - such as murder, a sex offense or other felony then they would need to apply for that clemency

 

if the governor grants the clemency then in essence they are exonerated from the conviction but only an expungement will seal the records.

 

 



Edited by Samuel-II on 3/15/2010 at 9:24 PM EST
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,012
Experience: Handle criminal matters in both state and federal courts.
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