Pardon vs. Expungement: Which Option Offers More Legal Relief?

Things You Should Understand About Delaware Pardons.

Both a pardon and an expungement are legally designed to mitigate the negative effects of your criminal record. However, they are distinct in their scope, the legal process, and the impact they may have on your future. Understanding this difference is essential for choosing the most effective legal relief path.

Simply put, a pardon is a form of forgiveness granted by the Governor of Delaware with a sound recommendation from the Delaware Board of Pardons. You must understand that a pardon doesn’t erase your criminal record but essentially serves as an official statement that the state forgives you for your crime.

Some of the critical characteristics of a pardon you should know are:

• A pardon does not remove your conviction from the official record. Therefore, your offense will still appear in criminal background checks but will be marked as “pardoned.”
• It’s only available if you were convicted – you cannot receive a pardon for charges that did not result in a conviction.
• It’s given at the Governor’s discretion – The Board of Pardons reviews every pardon application and provides a recommendation to the Governor. The Governor always makes the final decision.
• A specific waiting period applies – Delaware requires you to wait a specific number of years after completing your sentence before applying. The wait time you wait depends on the severity of your offense, for example:
  • You would wait a minimum of 3 years for a misdemeanor.
  • 5 years for almost all felonies.
  • 10 years or more for violent or sexually-based felonies.

There are some distinct benefits to receiving a pardon, such as:

• A pardon could restore your civil rights and give you back your voting privileges, serving on a jury, or owning a firearm.
• Pardons are often viewed favorably by licensing boards and employers.
• A full pardon can be a stepping stone toward expungement in certain cases.

That said, your criminal record remains visible for all to see in most background checks. Therefore, a pardon alone may not entirely eliminate all the barriers to employment, housing, credit, etc. Additionally, both processes are legally complex, and if you want to be successful in achieving your goals, the professional, diligent, and qualified guidance of a well-versed pardon and expungement lawyer is mandatory.

What is Expungement and How Does It Work in Delaware?

Expungement is a court-ordered process that, in most cases, removes arrests or convictions from your criminal record; it’s as if they never occurred. Therefore, obtaining an expungement in Delaware offers a much broader and deeper form of legal relief than a pardon.

You should be aware that in Delaware, there are two primary types of expungements:

• A mandatory expungement – This is for specific low-level offenses or if you have been charged but not convicted of a crime.
• A discretionary expungement – This type of expungement requires a petition to the court and is used in more complex legal situations, including some more dire convictions.

Using reforms enacted under Delaware’s Clean Slate laws recently, specific misdemeanor and felony convictions are now eligible for automatic expungement. Of course, this is still after a prescribed time and assumes no new offenses have occurred.

Additionally, only certain crimes are eligible for these expungements, such as:

• Non-convictions – Arrests for charges that didn’t result in a conviction are typically eligible for mandatory expungement.
• Specific misdemeanors and felonies – Depending on the crime and the time since your conviction, these crimes may be eligible for discretionary or automatic expungement.
• Pardon-related expungements – In some cases, obtaining a pardon can make you eligible for an expungement you wouldn’t otherwise qualify for.

Once again, getting a pardon or an expungement is usually still a complex legal matter, and you should never attempt this process without the professional, well-versed advice and guidance of counsel.

That said, the benefits of expungement may be well worth the effort. Just a few of these benefits are:

• Your criminal record is sealed and inaccessible to the public – So, employers, landlords, most licensing agencies, etc., will not be able to see your expunged offense.
• It restores your personal privacy and improves your future career opportunities.
• It significantly reduces the stigma and legal restrictions associated with having a criminal record and more.

So, unlike a pardon, an expungement erases your record for most practical purposes. Therefore, expungement often offers the most potent legal relief available.

Some Comparisons Between a Pardon and an Expungement; Which is Better for Me?

When you and your experienced criminal lawyer evaluate whether a pardon or an expungement offers more legal relief, the answer usually depends on what you need and the nature of your record. Generally, if you can get an expungement, it typically offers broader legal relief.

Just a few of the things an expungement can offer you (and your future life) are:

• It’s the only way to truly clear your record – Having no more criminal record will make it far easier to find employment and housing and improve your future.
• It provides you with stronger legal privacy protections.
• It provides legal relief without requiring the Governor to approve it.

However, if you cannot get an expungement, a pardon also offers sound legal benefits, such as:

• Restoring your civil rights may not come automatically with expungement.
• Relief in types of cases where expungement isn’t available.
• A good-faith signal of your rehabilitation that most employers and licensing boards feel confident about.

Also, it’s vital to note that there are situations where both pardons and expungements may be used in tandem. For example, if you’re convicted of a more serious felony and are not eligible for expungement, you and your well-versed expungement lawyer may first seek a pardon. This pardon may eventually unlock your eligibility for an expungement. This sound strategy usually benefits you if you have older or more serious convictions.

So, What Can I Use to Decide Which Path to Take?

First and foremost, before deciding which option to pursue, you and your lawyer must always consider your ultimate goals, the nature of your criminal record, and the eligibility requirements for each type of legal relief.

Just a few of the questions that must be answered are:

• Was I convicted, or were my charges dismissed?
• How much time has passed since my sentence ended?
• Do I want to erase my record or restore civil rights?
• Does my crime qualify for Delaware’s Clean Slate automatic expungement laws, and many more?

However, no matter what your situation is, there are steps you and your skilled lawyer can take now, such as:

Obtain a complete copy of your criminal history from the Delaware State Bureau of Identification (SBI) so that you fully comprehend what’s on your record.

With the help of your professional expungement lawyer, review Delaware’s expungement eligibility tools and strategize on your case to provide a complete legal assessment of your options.

If it’s determined that you’re not eligible for an expungement, consider applying for a pardon, especially if it could make you eligible later.

Always remember that in Delaware, both processes can be more effectively navigated with professional advice and well-versed, experienced guidance from a criminal defense lawyer. A sound legal, professional strategy will consistently and significantly improve the outcome of this daunting legal task, especially in complex cases.

I Want to Obtain a Pardon or Expungement in Delaware; How Should I Proceed?

First, understand that a pardon and expungement serve different legal purposes and affect your life differently. While a pardon does “forgive” your conviction and restores rights, an expungement, more effectively, erases your criminal record from public view.

If you’re seeking to move forward without the burden of a criminal past haunting you, then expungement offers more comprehensive legal relief; however, it’s not always possible to obtain.

The pardon and expungement lawyers at Abram, Gulab & Hutchison have over 45 years of combined criminal law experience. They fully understand how each type of legal relief works and how to use them strategically and precisely to restore your life and your future.

Call them today at (302-405-7010) for a free consultation on your unique case. They will tirelessly fight for your rights and empower you to take control of your records and your future.