Former Gov. Matt Bevin made national headlines this week when he issued hundreds of pardons and commutations during his final days in office, including one to free a man convicted of homicide whose brother held a political fundraiser for Bevin.
A pardon does not indicate innocence and usually is issued with the assumption that the convicted person has been rehabilitated. The pardon power lies completely in the executive branch — at the state level, in the hands of the governor.
Here are the answers to some frequently asked questions about pardons:
How is a pardon different from a commutation?
A pardon is “an expression of … forgiveness” and is usually granted in recognition of the applicant’s acceptance of responsibility for the crime, according to the U.S. Department of Justice. It removes any remaining prison sentence and restores civil rights including the ability to vote, serve on a jury, hold public office and own a gun.
Can pardons be rescinded?
Once a pardon is received, it’s irreversible, but a pardon can be revoked before it’s delivered.
There have been cases in which presidents have announced a pardon and taken it back before the paperwork was complete. In 2008, President George W. Bush extended a pardon to a developer convicted of mail fraud, but he took it back the next day when he learned developer’s father was a major GOP donor.
Margaret Love, an attorney based in Washington, D.C., who has researched pardon practices, said the idea of a pardon being revoked once it’s issued is “silly.”
“Even if a pardon was granted corruptly, the pardon itself would not be invalid,” Love said.
Is it common for governors to pardon as many as Bevin did?
A spokesperson for the Secretary of State said Wednesday that Bevin issued 428 pardons and commutations since his narrow loss to Andy Beshear on Election Day. But by Thursday, the spokesperson said additional items still to be entered into their computer system may push that number to more than 500.
Either way, it’s more than twice the number of pardons issued by former Gov. Steve Beshear, who granted 197 pardons and commuted the sentences of six people during his final day in office. Former Gov. Ernie Fletcher pardoned 100 people on his last day in office.
Bevin had already broken the tradition of Kentucky governors waiting until the end of their terms to issue pardons: In July 2017, he pardoned 10 people, including a Lexington mother who pleaded guilty to criminal abuse and was charged with reckless homicide in the death of her 5-year-old son.
Does a pardon clear your record?
No. A pardon removes punishments for a crime, but it still acknowledges the conviction. The record of a pardon may be used by courts when deciding punishment for any future crimes.
People who request a pardon do not qualify for an expungement, which wipes out any record of a criminal conviction.
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Written by Emma Austin. Cross-posted from the
Courier-Journal via the Kentucky Press News Service.