Formally speaking, a conviction will attach once a defendant is found guilty by a trial court. Even while one or more appeals may be ongoing, it is accurate to describe the defendant as convicted. The status of a federal conviction sticks until such time the conviction is judicially overturned by a successful appeal, or when pardoned by the executive. But not clemency, which is a reduction in the penalty by the executive, but retains the conviction.
A person who has their conviction overturned or pardoned can no longer be accurately described as convicted. Although colloquially, it’s unclear if “ex-convict” is an acceptable description or not.
I would say that one shouldn’t use “ex-convict” if the conviction was overturned, since that’s essentially saying the conviction was incorrect to begin with (as far as I understand), while it could be correct for someone who was pardoned, since it isn’t directly about the conviction being wrong in that case (unless I’ve misunderstood that).
while it could be correct for someone who was pardoned,
Correct. Accepting a pardon requires the person to admit that they are guilty. Important to remember if the Grand Cheeto ends up winning and pardoning any/everyone involved. Part of a presidential pardon is accepting that you are guilty of the crime, and accept the pardon for said crime. You can’t accept the pardon without simultaneously admitting guilt, because the executive branch can’t pardon an innocent person.
I phrased it that way because I’m also unsure as to how “ex-convict” should be used and how most people use it. I’ve heard other people say it to mean anyone who has been released from prison, although that doesn’t make much sense for someone who just serves their time.
As a result, so far as I’m aware, it’s colloquially ambiguous, and lawyers and jurists may have a more stringent definition they might use.
Formally speaking, a conviction will attach once a defendant is found guilty by a trial court. Even while one or more appeals may be ongoing, it is accurate to describe the defendant as convicted. The status of a federal conviction sticks until such time the conviction is judicially overturned by a successful appeal, or when pardoned by the executive. But not clemency, which is a reduction in the penalty by the executive, but retains the conviction.
A person who has their conviction overturned or pardoned can no longer be accurately described as convicted. Although colloquially, it’s unclear if “ex-convict” is an acceptable description or not.
I would say that one shouldn’t use “ex-convict” if the conviction was overturned, since that’s essentially saying the conviction was incorrect to begin with (as far as I understand), while it could be correct for someone who was pardoned, since it isn’t directly about the conviction being wrong in that case (unless I’ve misunderstood that).
Correct. Accepting a pardon requires the person to admit that they are guilty. Important to remember if the Grand Cheeto ends up winning and pardoning any/everyone involved. Part of a presidential pardon is accepting that you are guilty of the crime, and accept the pardon for said crime. You can’t accept the pardon without simultaneously admitting guilt, because the executive branch can’t pardon an innocent person.
I phrased it that way because I’m also unsure as to how “ex-convict” should be used and how most people use it. I’ve heard other people say it to mean anyone who has been released from prison, although that doesn’t make much sense for someone who just serves their time.
As a result, so far as I’m aware, it’s colloquially ambiguous, and lawyers and jurists may have a more stringent definition they might use.