A criminal record can impact job opportunities, housing applications, and even personal relationships. Fortunately, legal options such as pardons and expungements can help individuals move forward. But which one is the right choice for your situation? Should you hire a pardon attorney or an expungement lawyer?
What is a Pardon?
A pardon is an official act of forgiveness granted by a state governor or the President of the United States. While a pardon does not erase a criminal record, it removes some legal penalties and restores certain rights.
Key Benefits of a Pardon
- Restores voting rights, firearm ownership, and eligibility for public office.
- Helps improve employment opportunities by demonstrating rehabilitation.
- Provides peace of mind by acknowledging legal forgiveness.
Who Needs a Pardon Attorney?
A pardon attorney helps individuals who:
- Want their civil rights restored.
- Have completed their sentence and demonstrated rehabilitation.
- Are facing difficulties in employment or licensing due to a past conviction.
What is Expungement?
Expungement is a legal process that removes or seals a criminal record from public access. Unlike a pardon, which forgives a crime, expungement makes it as if the conviction never occurred.
Key Benefits of Expungement
- Removes the conviction from background checks.
- Helps secure jobs, housing, and professional licenses.
- Allows individuals to legally deny having a criminal record in many cases.
Who Needs an Expungement Lawyer?
An expungement lawyer is necessary for individuals who:
- Meet the legal requirements for record sealing or expungement.
- Want to eliminate the impact of a criminal record on job applications.
- Need legal guidance in navigating the court system.
Key Differences Between a Pardon and Expungement
1. Legal Effect
- A pardon forgives the crime but does not erase it from public records.
- Expungement removes the conviction from background checks.
2. Who Grants It?
- A pardon is granted by a governor (state crimes) or the President (federal crimes).
- Expungement is granted by a court judge.
3. Impact on Criminal Record
- A pardon does not delete a conviction but provides legal forgiveness.
- Expungement completely removes the record in most cases.
4. Eligibility Requirements
- Pardons are granted based on rehabilitation and a waiting period after the conviction.
- Expungement eligibility depends on state laws, offense type, and completion of the sentence.
When Should You Hire a Pardon Attorney?
A pardon attorney is beneficial if:
- You want to restore civil rights such as voting or firearm ownership.
- Your conviction disqualifies you from job opportunities or professional licenses.
- You have completed your sentence and want legal forgiveness.
- You cannot qualify for expungement due to the type of crime or jurisdiction.
When Should You Hire an Expungement Lawyer?
An expungement lawyer is a better choice if:
- You want to remove a criminal record entirely from background checks.
- Your state allows expungement of your specific crime.
- You need to clear your record to pass employment screenings.
- You are eligible for record sealing based on court criteria.
How a Pardon Attorney Helps in the Legal Process
1. Evaluating Eligibility
A pardon attorney determines whether you qualify for a pardon and what type of clemency is available in your jurisdiction.
2. Preparing a Strong Application
A well-prepared pardon application includes:
- A detailed explanation of the offense and rehabilitation efforts.
- Strong character references from employers, community leaders, and family.
- Proof of good conduct, employment, and community service.
3. Representing You Before the Pardon Board
A pardon attorney communicates with government officials, attends hearings, and presents a compelling case on your behalf.
4. Appealing Denied Pardons
If a pardon is denied, a pardon attorney can help strengthen your case and reapply in the future.
How an Expungement Lawyer Helps in the Legal Process
1. Assessing Eligibility
An expungement lawyer reviews your criminal record and determines whether you qualify for expungement or record sealing.
2. Filing Legal Motions
Expungement requires filing legal documents with the court, and an attorney ensures accuracy and compliance with state laws.
3. Court Representation
In some cases, a judge may require a hearing before granting an expungement. A lawyer represents you in court and argues for record sealing.
4. Ensuring Compliance with Expungement Laws
Even after an expungement is granted, an attorney ensures that law enforcement agencies and background check companies remove the record.
Which Option is Right for You?
Choosing between a pardon and expungement depends on your circumstances. If you want legal forgiveness and restored rights, a pardon attorney is the right choice. If you need to erase your criminal record for employment or housing, an expungement lawyer is more suitable.
Final Thoughts
Both pardons and expungements offer a path toward a better future, but they serve different purposes. A pardon attorney helps individuals seek forgiveness and restoration of rights, while an expungement lawyer focuses on removing criminal records from public access.
If you are unsure which option is best for you, consulting a pardon attorney can help you understand your legal options and take the right steps toward clearing your record.
FAQs
1. Can a pardon and an expungement be granted for the same conviction?
Yes, in some cases, a person may receive a pardon first and later apply for expungement if eligible under state law.
2. Does a pardon remove my criminal record?
No, a pardon forgives the crime but does not erase the record. Only expungement can remove a criminal record.
3. Which option is faster: a pardon or an expungement?
Expungements are generally faster since they are handled in court, while pardons take longer due to the review process by governors or the President.
4. Can I apply for both a pardon and an expungement?
Yes, if your state allows both options, you can apply for a pardon first and later seek expungement.
5. How can I find out if I qualify for a pardon or expungement?
Consulting a pardon attorney or an expungement lawyer is the best way to determine eligibility based on your conviction and state laws.