--- title: Mark Wahlberg's Prosecutor Says He Should Not Be Pardoned description: The actor has applied for a public pardon for a 1988 assault against two Vietnamese men canonical: https://time.com/3668851/mark-wahlbergs-prosecutor-says-he-shouldnt-be-pardoned-for-youth-crime/ author: Megan Gibson article:opinion: false article:content_tier: free article:published_time: 2015-01-15T13:27:05.000Z article:modified_time: 2026-02-22T03:36:02.594Z article:section: Entertainment og:title: Mark Wahlberg's Prosecutor Says He Should Not Be Pardoned og:description: The actor has applied for a public pardon for a 1988 assault against two Vietnamese men og:url: https://time.com/3668851/mark-wahlbergs-prosecutor-says-he-shouldnt-be-pardoned-for-youth-crime/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt79cf9654940eedb7/698779ff55a8591e5ea8541c/mark-wahlberg-marky-mark.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 2560 og:image:height: 1440 og:image:alt: Actor Mark Wahlberg arrives at the AFI FEST 2014 Presented By Audi in Hollywood, Calif. on Nov. 10, 2014. og:type: article twitter:card: summary_large_image twitter:title: Mark Wahlberg's Prosecutor Says He Should Not Be Pardoned twitter:description: The actor has applied for a public pardon for a 1988 assault against two Vietnamese men twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt79cf9654940eedb7/698779ff55a8591e5ea8541c/mark-wahlberg-marky-mark.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 ---  # Mark Wahlberg's Prosecutor Says He Shouldn't Be Pardoned For Youth Crime > Sponsored content. 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Terms and conditions apply. * Savings buckets are a feature of Ally Bank's Savings Account. * No ATM fees from Ally Bank at Allpoint and Moneypass ATMs plus we reimburse for fees charged by other ATM owners nationwide up to $10 per statement cycle. * Early direct deposit offers eligible direct deposits up to two days sooner. * Spending buckets are a feature of Ally Bank's Spending Account. by [Megan Gibson](https://time.com/author/megan-gibson/) ## Megan Gibson Jan 15, 2015 1:27 PM UTC  Actor Mark Wahlberg arrives at the AFI FEST 2014 Presented By Audi in Hollywood, Calif. on Nov. 10, 2014. Actor Mark Wahlberg arrives at the AFI FEST 2014 Presented By Audi in Hollywood, Calif. on Nov. 10, 2014. Gregg DeGuire—WireImage/Getty Images by [Megan Gibson](https://time.com/author/megan-gibson/) ## Megan Gibson Jan 15, 2015 1:27 PM UTC Should he or shouldn’t he? That’s the debate surrounding Mark Wahlberg’s request to the Massachusetts Board of Pardons for a pardon for a 1988 crime, where the actor — then aged 16 — beat up two Vietnamese men. Court documents report that Wahlberg shouted racial slurs at the two men as he attacked them. Wahlberg was arrested, convicted of assault and served 45 days in prison. Now 43, the actor has pointed to his philanthropy and charity work in the decades since the assault as a reason his record should be cleared, while also mentioning his intention to obtain a concessionaire’s license for his restaurant businesses, which could be hindered without the pardon. But Judith Beals, the attorney who prosecuted Wahlberg, doesn’t agree and has written a condemning op-ed on the matter. “As private citizen, I see no reason why that history should be erased from the public record through a pardon,” Beals wrote in an [editorial in the Boston _Globe_ this week](http://www.bostonglobe.com/opinion/2015/01/12/don-pardon-mark-wahlberg/2zCWxyVay7QLD4MDGjGbAN/story.html). “While private acts of reconciliation and forgiveness can be an important part of our shared racial history, that history should never be erased.” Beals recounts how Wahlberg had a history of using violence and hurling racial slurs against minorities prior to the 1988 incident. She added that the attack on the two Vietnamese men, Thanh Lam and Hoa Trinh, “showed the same tendency toward serial acts of racial violence.” The former prosecutor went on: “Wahlberg has never acknowledged the racial nature of his crimes. Even his pardon petition describes his serial pattern of racist violence as a ‘single episode’ that took place while he was ‘under the influence of alcohol and narcotics.’ For a community that continues to confront racism and hate crime, we need acknowledgment and leadership, not denial.” Beals also notes that pardoning Wahlberg would send a harmful message. “\[A\] formal public pardon would highlight all too clearly that if you are white and a movie star, a different standard applies. Is that really what Wahlberg wants?” \[[_Boston Globe_](http://www.bostonglobe.com/opinion/2015/01/12/don-pardon-mark-wahlberg/2zCWxyVay7QLD4MDGjGbAN/story.html)\] ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/3668851/mark-wahlbergs-prosecutor-says-he-shouldnt-be-pardoned-for-youth-crime/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/3668851/mark-wahlbergs-prosecutor-says-he-shouldnt-be-pardoned-for-youth-crime/"},"headline":"Mark Wahlberg's Prosecutor Says He Shouldn't Be Pardoned For Youth Crime","datePublished":"2015-01-15T13:27:05.000Z","dateModified":"2026-02-22T03:36:02.594Z","description":"The actor has applied for a public pardon for a 1988 assault against two Vietnamese men","url":"https://time.com/3668851/mark-wahlbergs-prosecutor-says-he-shouldnt-be-pardoned-for-youth-crime/","keywords":["Crime","celebrities","mark wahlberg"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt79cf9654940eedb7/698779ff55a8591e5ea8541c/mark-wahlberg-marky-mark.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Megan Gibson","jobTitle":null,"url":"https://time.com/author/megan-gibson/"}],"articleSection":"Entertainment","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt79cf9654940eedb7/698779ff55a8591e5ea8541c/mark-wahlberg-marky-mark.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"Actor Mark Wahlberg arrives at the AFI FEST 2014 Presented By Audi in Hollywood, Calif. on Nov. 10, 2014.","caption":"Actor Mark Wahlberg arrives at the AFI FEST 2014 Presented By Audi in Hollywood, Calif. on Nov. 10, 2014.","creditText":"Gregg DeGuire—WireImage/Getty Images","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"/section/entertainment/","name":"Entertainment"}},{"@type":"ListItem","position":2,"item":{"@id":"https://time.com/3668851/mark-wahlbergs-prosecutor-says-he-shouldnt-be-pardoned-for-youth-crime/","name":"Mark Wahlberg's Prosecutor Says He Shouldn't Be Pardoned For Youth Crime"}}]}] ```