Second Chance Language: Understanding the Differences Between Types of Record Relief
Record relief is making headlines across the country as discussions around second chances take center stage. With terms like pardon, clemency, expungement, and Clean Slate frequently appearing in the media, it’s more important than ever to understand the key differences between them. Let’s break down the various types of record relief and why the nuances matter — especially as lawmakers consider crucial reforms like Clean Slate policies at the state and federal levels.
Why the Differences in Record Relief Terms Matter
For the millions of Americans with an arrest or conviction record, the path to a second chance is often fraught with barriers. Employment, housing, and education opportunities are frequently out of reach due to background checks, despite individuals having fulfilled their sentence or being acquitted of charges.This reality underscores the importance of understanding the nuances of pardon, clemency, petition-based sealing, expungement, and Clean Slate policies. Each mechanism serves a distinct purpose in the broader conversation about criminal justice reform, but they are not all created equal.
Pardon: A Declaration of Forgiveness
A pardon is an act of clemency granted by an executive authority, such as a governor or the president, that forgives an individual for a crime and typically restores certain rights, such as voting or holding public office. However, a pardon does not erase a conviction; it simply acknowledges forgiveness. For individuals with a record, this means the stigma often remains, as the record itself is still publicly accessible. While pardons can be powerful acts of mercy, they are rare and often subject to significant political considerations.
Clemency: Mercy for the Sentence, Not the Record
Clemency encompasses various forms of mercy, including pardons, sentence commutations, and reprieves. Like a pardon, clemency does not expunge or seal a record—it simply reduces or modifies a sentence. Clemency can provide immediate relief for individuals currently incarcerated but, for those seeking to rebuild their lives post-conviction, it offers limited benefits in overcoming the barriers posed by a record.
Petition-Based Sealing: A Complex Pathway
Petition-based sealing allows individuals to request the court to limit public access to their records. This can prevent employers, landlords, and the general public from viewing the record, but in most cases, allows courts, law enforcement, and employers responsible for vulnerable populations access under certain conditions. While it can provide relief to some, the process is often cumbersome, costly, and inaccessible to many who need it most. Applicants must navigate legal systems, filing requirements, and sometimes even court hearings—often without legal representation. This process results in only a small percentage of eligible individuals successfully sealing their records: according to the Paper Prisons Initiative website, 20-30 million people have non-conviction records they are eligible to clear but not have done so.
Expungement, a term that is often used interchangeably with petition-based sealing, has all the same barriers and strict eligibility criteria, but differs from state to state.
Clean Slate: Automatic, Comprehensive Record Sealing
Clean Slate policies represent the next frontier in fixing a broken criminal justice system. Unlike the petition-based process, Clean Slate legislation automates record sealing for individuals who meet eligibility criteria, eliminating the need for unnecessary red tape. For example, the federal Clean Slate Act would streamline the record-sealing process for nonviolent offenses, including simple marijuana possession, after someone has met the requirements. Additionally, it would create a simplified petition process for other eligible records. This approach ensures that individuals can move forward without the burden of unnecessary legal and financial hurdles.
Additionally, Clean Slate policies can help address racial disparities in the criminal justice system and improve economic opportunities for those who receive relief. Research shows that record sealing significantly improves economic outcomes, with individuals experiencing a 22% increase in earnings within a year of their record being sealed.
Why Clean Slate Policies Matter at the State and Federal Level
While pardons, clemency, and traditional record sealing processes have their place, Clean Slate policies stand out for their ability to deliver meaningful, scalable impact. With bipartisan support from lawmakers at the state and federal levels, and from organizations like the American Conservative Union and the Center for American Progress, as well as corporate leaders such as J.P.Morgan Chase & Co., and LinkedIn, Clean Slate policies are a critical step toward a fairer and more effective criminal justice system.
Clean Slate policies offer a proactive solution, cutting the red tape that has long held individuals back while benefiting families, communities, and the economy as a whole. By being clear about what these terms mean and advocating for Clean Slate policies nationwide, we can help create a system that truly reflects the values of justice, opportunity, and second chances.