Expert Attorney Reveals When a Pardon Is Possible or Resentencing Works
How do pardons and resentencing differ? Explains San Bernardino attorney Kirk Tarman: state governor pardons usually come after a sentence is served and can restore rights like voting and remove a conviction, while a presidential pardon leaves the conviction intact. Resentencing is separate—California's revised felony-murder law now lets some long-sentence defendants seek reduced or dismissed charges.
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Answered by Kirk Tarman · San Bernardino County, CA
Highlights
— the two kinds of pardon: presidential and state-governor
— how a state pardon typically follows years of changed behavior
— why a presidential pardon leaves the conviction and lifts the sentence
— the resentencing formula that narrowed murder liability for accomplices
— who's seeking resentencing now: old long sentences under changed law
Frequently Asked Questions
What's the difference between a pardon and resentencing?
There are two kinds of pardon—presidential and state-governor—and they differ from resentencing, which reduces or dismisses a sentence under changed law.
When does a state pardon happen?
Typically after a sentence is served and after years of changed behavior, and it can restore rights like voting and remove a conviction.
Does a presidential pardon erase the conviction?
No—a presidential pardon leaves the conviction intact and lifts the sentence, which differs from how state pardons often work.
What resentencing change affects accomplices?
A revised formula narrowed murder liability for accomplices, so someone who didn't directly cause a death may qualify for relief.
Who's seeking resentencing now?
People serving old long sentences under laws that have since changed, such as revised felony-murder and drug-sentencing rules.
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