Pardon vs. Expungement vs. Sealing
| Relief Type | What It Does | Conviction Still Visible? | Restores Rights? |
|---|---|---|---|
| Pardon | Official forgiveness; can restore rights (vote, gun, jury) | Yes — the conviction remains on the record, but with the pardon attached | Yes (varies by jurisdiction and offense) |
| Expungement | Erases the record; legally treated as if the conviction never happened | No (in fully-expunged states) | Yes |
| Sealing | Hides the record from public view; certain agencies still see it | Hidden but not erased | Partially |
| Vacatur | Court overturns the conviction itself | No (vacated) | Yes |
For the longer comparison see our Types of Relief page.
Federal Pardons
The U.S. President has constitutional authority to pardon any federal offense (Article II, Section 2). Federal pardons can be granted individually or by mass proclamation covering categories of offenses.
Biden’s 2022 Cannabis Pardon Proclamation
On October 6, 2022, President Biden issued a mass pardon for federal simple-possession cannabis offenses under 21 U.S.C. § 844 and DC Code § 48-904.01(d)(1). Approximately 6,557 individuals were eligible.
Biden’s 2023 Expansion
On December 22, 2023, Biden expanded the pardon to cover federal cannabis use, attempted simple possession, and use on federal property. Tens of thousands of additional individuals became eligible.
Both proclamations have substantial limits. Most importantly: they pardon, but do NOT expunge. The federal record still exists; the pardon is attached as a notation. They also do not cover state convictions, do not release anyone from prison (no one was incarcerated solely for federal simple possession at the time), and do not restore everyone’s immigration status.
Full detail on the limits and how to obtain a Certificate of Pardon: Biden Cannabis Pardons.
How to Apply for a Federal Pardon (Individual, Not Mass)
If you have a federal cannabis conviction NOT covered by a Biden mass proclamation (e.g., distribution, manufacturing, conspiracy), the path is an individual pardon application through the U.S. Office of the Pardon Attorney. Requirements include:
- Five years elapsed since release from incarceration
- Acceptance of responsibility / expression of remorse
- Demonstrated rehabilitation
- Substantial supporting documentation: employment history, character letters, financial records
- Patience — the typical processing time is 18–36 months and the grant rate is well under 5%
See justice.gov/pardon for current forms and instructions.
State Pardons
Most state constitutions grant pardon power to the governor (sometimes with a state pardon board). Cannabis-specific mass pardon proclamations have been issued in:
- Colorado — Governor Polis pardoned 2,732 cannabis convictions in 2020.
- Connecticut — Governor Lamont oversaw automatic erasure of ~44,000 cannabis convictions under SB 1201.
- Illinois — Governor Pritzker pardoned 9,210 low-level cannabis convictions in 2019; the state then automatically expunged 780,000+ records.
- Maryland — Governor Moore issued a mass cannabis pardon for ~175,000 misdemeanor convictions in June 2024.
- Massachusetts — Governor Healey issued a mass cannabis pardon in March 2024 covering all simple-possession convictions.
- New Jersey — Governor Murphy granted clemency for cannabis-impacted individuals in his 2024 mass clemency action.
- Nevada — State Pardons Board pardoned tens of thousands in 2020.
- Oregon — Governor Brown pardoned ~45,000 cannabis convictions in 2022.
- Pennsylvania — Governor Wolf launched the “PA Marijuana Pardon Project”; smaller scale than other states.
- Virginia — Governor Northam issued cannabis pardons in 2021–2022.
- Washington — Governor Inslee’s Marijuana Justice Initiative.
Several other governors have indicated intent or are in early stages. The list is updating constantly — check your governor’s office news page for current status.
Pardon vs. Expungement: Which Should You Pursue?
Pursue expungement first if available. Expungement actually erases the record (in most states) and is treated more favorably by employers, landlords, and licensing boards than a pardon. The conviction simply doesn’t exist for most purposes.
Pursue a pardon when expungement isn’t available — either because the offense is ineligible (some states won’t expunge felonies even after long good behavior), the conviction is federal, or you need formal forgiveness for immigration or professional-license purposes that expungement alone wouldn’t accomplish.
Sometimes you want both. Some states require a pardon as a precondition to expungement of certain serious offenses. A coordinated strategy makes sense in complex cases — talk to an expungement attorney.
What Pardons Do Not Do
- Do not erase the record. The conviction remains visible; the pardon is annotated on it.
- Do not always restore federal firearms rights for federal convictions; state pardons may not restore firearm rights for federal-law purposes (the 922(g)(3) trap).
- Do not always solve immigration problems. Federal immigration law treats some convictions as deportable regardless of pardon status. See Immigration & Cannabis.
- Do not require an admission of guilt from the recipient; accepting a pardon is not legally an admission. (This is contrary to a common misreading of Burdick v. United States.)
- Do not free anyone from prison automatically — mass pardon proclamations are typically symbolic and limited to specific offenses.
Bottom Line
A pardon is forgiveness, not erasure. It’s a powerful symbol and a real legal benefit, but it’s usually less useful than full expungement for the practical questions an applicant cares about (jobs, housing, professional licenses). If your state offers cannabis expungement, pursue that first. If your case is federal or otherwise expungement-ineligible, a pardon is the path. The Biden federal pardon proclamations covered tens of thousands of people; check whether you qualify on our Biden Cannabis Pardons page.