Utah Pardons vs. Expungement: What's the Difference
Short answer: Expungement and a pardon are different tools handled by different parts of Utah government. Expungement, through the courts and BCI, seals your record from public view. A pardon, granted by the Utah Board of Pardons and Parole, is official forgiveness for the offense rather than a sealing of the record — though under current Utah law, a pardon can have the same practical sealing effect as expungement.
Who this guide is for
Anyone trying to understand which process applies to their situation — particularly people whose conviction may not qualify for expungement and are wondering whether a pardon is an alternative.
Expungement, in brief
Expungement is a court process (built on a BCI Certificate of Eligibility for the petition-based track, or handled automatically for qualifying Clean Slate cases) that results in the court, prosecutor, and police records of the case being sealed from public view. See How to Expunge a Criminal Record in Utah for the full process.
Pardons, in brief
A pardon doesn't erase a conviction — it's official forgiveness granted by the Utah Board of Pardons and Parole, a different body than the courts or BCI. Historically, a pardon's role was about restoring rights and reducing consequences without touching the public record itself. Under current Utah law, though, a pardon can produce the same sealing effect as an expungement — meaning court, prosecutor, and police records become sealed as a result of the pardon too.
Why you generally can't just choose a pardon instead of expungement
The Board of Pardons and Parole generally expects applicants to have already sought expungement through BCI and the courts before applying for a pardon — and the pardon application itself typically requires you to detail your expungement attempts. In practice, a pardon functions as a path for people who don't qualify for expungement or were denied, not as an alternative first choice.
When a pardon might be the realistic option
- Your conviction is categorically ineligible for expungement (for example, certain felony convictions — see Can You Expunge a DUI in Utah? for one specific example of a category with limited expungement options).
- Your expungement petition was denied and isn't likely to succeed on reapplication.
- You've been advised, based on your specific record, that a pardon is a more realistic path than expungement.
The process is a genuinely different undertaking
A pardon application to the Board of Pardons and Parole is its own separate process, with its own requirements, timeline, and standards — distinct from anything on the BCI/court expungement track. This isn't something to treat as a simple substitute; given the more demanding, discretionary nature of a pardon decision, a consultation is worth strong consideration before pursuing one.
Frequently asked questions
Is a pardon easier to get than an expungement? Generally no — pardons involve a discretionary decision by the Board and are often considered a more difficult, longer process than expungement, which is part of why expungement is expected to be attempted first.
Does a pardon remove a conviction from my record entirely? No — a pardon is forgiveness for the offense, and while it can result in the same sealing of records as an expungement under current Utah law, it doesn't mean the conviction never happened.
Can I apply for a pardon and expungement at the same time? Given that pardon applications generally expect you to have already pursued expungement, these aren't typically simultaneous, parallel options — this sequencing is worth understanding clearly before starting either process.