Governor Lee recently granted clemency to 33 individuals across Tennessee, issuing pardons for a wide range of past offenses. “I am genuinely inspired by the broadness of the folks that are getting pardons today,” Lee said when announcing the decision.
For many Tennesseans, the announcement raised an immediate question: What does a pardon actually do? The answer is more limited — and more specific — than many assume.
What is clemency?
Clemency is a constitutional power held by the governor. It includes pardons, commutations of sentences, and reprieves. In this case, Gov. Lee issued pardons, which are formal acts of forgiveness by the state after a conviction.
Clemency is not a declaration that a person was innocent. Rather, it is an acknowledgment that the individual has demonstrated rehabilitation, stability, or other factors warranting relief from the ongoing consequences of a conviction.
According to Lee’s office, no one granted clemency was convicted of homicide, a sex-related offense, or a crime committed by an adult against a minor. Lee’s chief legal counsel, Erin Merrick, emphasized that very few of the pardons involved crimes against persons.
What a pardon does — and does not — do
A common misconception is that a pardon erases a criminal record. It does not.
A pardon does not automatically expunge or remove a conviction. Court records, arrest histories, and case outcomes still exist. What a pardon does provide is an official statement from the state that the individual has been forgiven for that offense.
That distinction matters, especially for employment, professional licensing, housing, and other areas where a criminal record can present lifelong barriers.
The link between pardons and expungement
While a pardon does not clear a record, it can open the door to expungement.
Expungement is a separate legal process that removes certain criminal records from public view. In Tennessee, a pardon is often a prerequisite for expunging felony convictions or more serious offenses that would otherwise remain permanently accessible.
To obtain an expungement, a person must still file a petition, meet statutory requirements, and receive court approval. A pardon makes someone eligible — it does not guarantee the outcome.
Why pardons matter practically
For those who received pardons — including individuals convicted of drug offenses, theft, burglary, and other nonviolent crimes — the impact can be significant. A pardon can reduce stigma, improve employment prospects, and allow individuals to pursue expungement, which further limits public access to their records.
High-profile recipients, such as musician Jelly Roll (See Law Commentary), often draw attention to the process. Still, the majority of those pardoned are private citizens seeking stability and opportunity after years of law-abiding conduct.
The bigger picture
Pardons are not shortcuts through the justice system. They are rare, discretionary, and typically granted only after extensive review. They do not undo past harm or erase accountability — but they can acknowledge rehabilitation and reduce barriers that persist long after a sentence is complete.
Gov. Lee’s latest clemency decisions reflect how narrowly and deliberately the power is used. Understanding what a pardon is — and what it is not — helps keep the conversation grounded in fact rather than assumption.
Det. Brandon Burley (Ret.), M.P.A., is a criminal justice educator whose academic work focuses on reducing recidivism through public policy. He has authored several criminal justice books and has been published in national law enforcement publications.
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