A New Hampshire woman who was involved in the January 6th Capitol riot is seeking compensation and a full erasure of her criminal record following her pardon by former President Donald Trump. Kirstyn Niemela, a construction worker from Hudson, New Hampshire, was sentenced to eight months in federal prison for her role in the insurrection. During the riot, Niemela was seen on video breaking a window and allegedly identifying herself as a member of the Proud Boys, an extremist group. Despite this, Niemela denies being part of the group and claims she did not break any windows.
In an interview following her pardon, Niemela expressed that the charges against her were false and that the entire experience had a devastating impact on her life. She claimed that the consequences of her actions led to the loss of friendships, family ties, and employment opportunities. Niemela also voiced frustration with the media’s portrayal of the events and called for investigations into her case, along with compensation for the time she spent in prison and for the damage to her reputation.
Niemela’s request for compensation and a full expungement of her criminal record, however, faces significant legal challenges. Legal experts note that while a pardon can offer forgiveness and end a person’s legal obligations, it does not erase the criminal record or the fact that the individual committed a crime. A pardon, according to defense attorney Dyke Huish, is not the same as an expungement, which is a judicial process that involves a judge clearing a person’s record after they have demonstrated rehabilitation or redemption. Huish emphasized that only a federal judge, not the president, has the authority to expunge a criminal record.
Moreover, the notion of compensating individuals convicted of crimes, even if they are pardoned, is also highly unlikely. Huish likened it to a hypothetical situation where someone who had committed a crime, such as robbing a bank, would not be compensated just because they were later pardoned. Niemela’s call for compensation could face substantial legal hurdles, as pardons do not typically come with financial restitution.
In addition to the pardons granted to numerous January 6th rioters, former President Trump also directed the Department of Justice to dismiss all pending indictments related to the riot. This would mean that for those cases where charges have not yet been adjudicated, the government would effectively erase the legal proceedings. However, this does not apply to individuals like Niemela, who have already been convicted. As a result, her case remains on record despite the pardon.
Legal experts argue that while pardons offer forgiveness, they do not undo the past. Niemela’s desire for her case to be “erased” from the system may not be achievable under current legal standards. Even with the pardon, her criminal record and the public perception of her actions remain intact, and her chances of receiving compensation for her time served are slim.
