The Differences Between Expungement and Pardon
Living with a criminal record is a considerable burden. It can affect your job opportunities, housing options, and even your confidence when meeting new people. Many people reach a point where they want a fresh start, but aren’t sure what options are available or what steps to take next. Fortunately, you may be able to pursue expungement or a pardon, depending on the circumstances of the criminal charge.
At McCready Law Group, I have years of experience helping clients take action to clear their records. Before deciding whether to pursue expungement or a pardon, it's important to know the differences between the two so you can make an informed decision.
With offices in Long Beach, Santa Ana, Fountain Valley, Huntington Beach, Riverside, Garden Grove, and Pasadena, California, I work with clients throughout Orange County to pursue second chances and real relief from past convictions. Reach out to my firm today to schedule a free consultation and explore which option may be right for you.
What Is Expungement?
Expungement is one of the most common ways people try to clear their criminal records. In California, expungement doesn’t completely erase a conviction, but it does allow the court to reopen your case, withdraw your plea, and dismiss the charges.
When your record is expunged, it can change how your past shows up in background checks. For many private employers, you’re legally allowed to say that you haven’t been convicted of that offense after it has been expunged. That alone can open doors that have been closed before.
However, expungement has its limits. It doesn’t restore all rights, and it won’t remove the conviction from every government record. But it does provide meaningful relief and a clearer path forward.
An experienced criminal defense attorney can work with you to review your case and help you determine if expungement is available to you based on the type of criminal charge, whether you completed probation, and your overall criminal record.
What Is a Pardon?
Instead of going through the courts, as you would for expungement, a pardon is granted by the governor. It’s essentially an official forgiveness of a conviction, but it doesn’t erase or dismiss the record in the same way expungement does.
A pardon can carry symbolic and practical benefits. It shows that the state recognizes your rehabilitation and good conduct after your conviction. In some cases, it can restore certain rights, such as the ability to serve on a jury or, for some offenses, own a firearm.
However, pardons are much harder to obtain. They’re typically reserved for people who have demonstrated significant positive change over time. The process can take years, and approval is far from guaranteed. While expungement is often the first step people consider, a pardon might be something to explore later, depending on your long-term goals.
Differences Between Expungement and a Pardon
While both options aim to help you move past a criminal conviction, there are significant differences that can influence which option you should pursue. The primary differences include:
Who grants it: Expungement is granted by a judge through the court system. A pardon is granted by the governor.
What happens to your record: Expungement updates your record to show the case was dismissed. A pardon leaves the conviction in place but adds official forgiveness.
Eligibility requirements: Expungement is often available if you completed probation and met other conditions. A pardon usually requires years of law-abiding behavior after your conviction.
Practical benefits: Expungement can improve employment opportunities and reduce stigma in background checks. A pardon can restore certain civil rights and serve as public recognition of rehabilitation.
Timeline: Expungement can often be completed within months. A pardon can take years and involves a much more detailed review process.
Expungement is often the more accessible and immediate option. However, each path can have considerable benefits depending on your circumstances and goals. Talking through your situation with an experienced attorney can help you decide which route makes the most sense.
When to Pursue Expungement
For many, expungement is the most practical and effective way to move forward after a conviction. It’s typically faster, more predictable, and directly affects how your record appears in everyday situations, such as job applications. Some situations where expungement might be the right choice include:
You completed probation successfully: The courts often look favorably on applicants who followed all terms and conditions.
You’re seeking better job opportunities: Expungement can make it easier to pass background checks with private employers.
You want relief sooner rather than later: Compared to a pardon, expungement usually has a shorter timeline.
Your conviction is eligible under California law: Many misdemeanors and some felonies qualify, depending on the circumstances.
You’re trying to rebuild your reputation: Having your case dismissed can make a real difference in how others view your record.
Even if your case seems straightforward, an experienced criminal defense attorney can help you avoid delays and present your application in the strongest way possible. Expungement doesn't solve everything, but it can be a major step toward a cleaner slate.
When to Pursue a Pardon
Although expungement is often the first step, there are times when a pardon may be worth considering, especially if you’ve already taken steps to clear your record and want to pursue additional action. A pardon might make sense in the following situations:
You’ve already received an expungement: A pardon can build on that progress and provide additional recognition.
You’re seeking restoration of specific rights: In some cases, a pardon can restore rights that expungement doesn't, such as jury service and firearm rights.
You have a long track record of rehabilitation: Demonstrating years of positive behavior can strengthen your application.
You want official acknowledgment from the state: A pardon carries symbolic weight that can matter in both personal and professional contexts.
Your goals extend beyond employment benefits: If you’re looking for broader relief, a pardon can be part of a longer-term plan.
Because the process is more demanding, it’s important to approach it with realistic expectations. Many people start with expungement and later decide whether pursuing a pardon aligns with their goals.
Discuss Expungements and Pardons with an Experienced Attorney
Pursuing expungement or a pardon are both ways you can clear a criminal conviction from your record. However, knowing which option is best for you depends on the nature of the crime committed and how you have progressed in your rehabilitation.
At McCready Law Group, I work closely with clients to evaluate their options for clearing their criminal records and take action toward meaningful change. From expungement applications to longer-term strategies, my goal is to help you move forward with clarity and confidence.
With offices in Long Beach, Santa Ana, Fountain Valley, Huntington Beach, Riverside, Garden Grove, and Pasadena, California, I serve clients throughout Orange County, including Irvine and Lakewood. Reach out to my firm today to schedule a consultation.