Expanding Beyond Expungement: Pardons and Commutations in Delaware Criminal Law

When most folks think about clearing their criminal record, they focus entirely on expungement. In Delaware, however, there are other forms of post-conviction relief that aren’t expungement. This includes pardons and commutations. If you understand how these processes work, who is qualified, and what each process does, it can help you understand how our criminal justice system works in Delaware.

What’s the difference between expungement, pardon, and commutation?

• Expungement – This process erases or seals your criminal record. After expungement, your record will no longer be visible to employers, landlords, or anyone else. It is available for certain types of arrests, charges that didn’t result in a conviction, or low-level convictions.

• Pardon – A pardon is an act of “forgiveness” in Delaware, administered by the governor and based on a recommendation from the board of pardons. It won’t erase the conviction from your record, it can restore your civil rights and make you eligible for expungement later.

• Commutation – This is a reduction in the length or severity of your sentence. It won’t erase the conviction, but it can reduce the amount of time you spend in a cell.

Each of these fulfills a different purpose. In many cases, pardons or commutations can be the only form of relief if expungement isn’t available. 

How do pardons work in Delaware? 

The Board of Pardons holds hearings and makes recommendations to the Governor. The Governor has the final authority to either grant or deny a pardon. Those who have completed their sentences, show that they’re rehabilitated, and waited a certain number of years, can apply for a pardon.

A pardon can:

• Restore your civil rights, such as voting, serving on a jury, or possessing a firearm
• Allow someone to apply for a professional license or employment that they were previously blocked from
• Make specific offenses eligible for expungement under Delaware law

You have to submit an application, provide references, show evidence of rehabilitation, and attend a court hearing. Pardons are quite formal and often complex. An experienced criminal defense lawyer can guide you through the process.

Commutations: Sentence relief for the incarcerated

Commutations are also handled by the Board of Pardons. They require your attorney to show why continued incarceration is no longer appropriate. This could include:

• Exceptional rehabilitation while incarcerated
• Medical or humanitarian grounds
• Excessive or outdated sentencing requirements

Commutations are rare. They require careful preparation. A skilled criminal defense attorney can help advocate on your behalf.

Why legal guidance matters 

Pardons and commutations are much more discretionary than expungement. They involve complex forms, and the process is highly formal. Wilmington criminal defense lawyer Michael W. Modica can help you through the process and advocate on your behalf. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.