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Pardons

A pardon is an act of executive clemency that forgives a person for a crime and restores certain rights they may have lost due to a conviction. It's important to understand that a pardon generally does not erase or expunge a criminal record, but rather serves as an official acknowledgment of forgiveness and often signifies that the individual has demonstrated rehabilitation and become a law-abiding citizen. The specific rights restored by a pardon can vary by jurisdiction, but often include:                 

  • The right to vote

  • The ability to hold public office

  • Restoration of firearm rights (though this can be complex and depends on the specific offense)

  • Improved opportunities for licensing, bonding, and employment

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Key Difference from Expungement: While expungement aims to legally remove a conviction from a criminal record as if it never happened, a pardon acknowledges the conviction but grants forgiveness.

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Process

The process for obtaining a pardon varies significantly depending on whether it's a state pardon (granted by a governor for state crimes) or a federal pardon (granted by the President for federal crimes).

 

Here's a general overview of the process for both:

1. Eligibility Requirements:

 

  • Completion of Sentence: In most cases, you must have completed your full sentence, including any incarceration, parole, or probation, and paid all fines, restitution, and fees.

  • Waiting Period: There's typically a waiting period after completing your sentence before you become eligible to apply for a pardon. This period allows you to demonstrate sustained good conduct and rehabilitation.

  • Demonstrated Rehabilitation: Pardons are often granted to individuals who have shown exemplary behavior, good moral character, and a commitment to living a productive, law-abiding life since their conviction.

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2. Application Process:

 

  • Federal Pardons (U.S. President):

    • Office of the Pardon Attorney (OPA): The primary pathway for federal pardons is through the Office of the Pardon Attorney within the U.S. Department of Justice.

 

 

  • Formal Application: We submit a detailed application to the OPA, providing information about your conviction, sentence, and reasons for seeking clemency. This often includes character affidavits and documentation of your post-conviction conduct.

  • Investigation: The OPA conducts a thorough investigation, which may involve background checks, interviews with you and your references, and gathering input from prosecutors, law enforcement, and victims.

  • Recommendation: The OPA prepares a recommendation for the President, who has the ultimate discretion to grant or deny the pardon. The President is not bound by the OPA's recommendation.

  • No Obligation to Act: The President is not required to act on any pardon application. The process can be lengthy, taking months or even years.

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  • State Pardons (California Governor):

    • Two Main Paths: In California, there are generally two ways to apply for a pardon:

      • Certificate of Rehabilitation (COR): For most people convicted of a felony in California who reside in the state, the first step is to obtain a Certificate of Rehabilitation from the Superior Court in their county of residence. If granted, a COR automatically becomes an application for a pardon that is forwarded to the Governor's Office. This process demonstrates that the individual has been rehabilitated.

      • Direct Pardon: Those ineligible for a COR (e.g., individuals living outside California, or those convicted of certain misdemeanors) will apply directly to the Governor's Office for a pardon.

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  • Board of Parole Hearings (BPH) Investigation: Once a pardon application or certified COR is received by the Governor's Office, it is typically referred to the Board of Parole Hearings for an investigation into the applicant's character and rehabilitation.

 

 

  • Supreme Court Approval (for multiple felonies): If the applicant has been convicted of two or more felonies in separate proceedings, the California Supreme Court must approve the granting of a full pardon by a vote of four justices.

  • Governor's Discretion: The Governor has discretion in granting pardons. Pardons are generally considered an honor for those who have demonstrated exemplary behavior.

 

 

Important Considerations:

 

  • Public Record: A pardon, once granted, is generally a public record.

 

 

In essence, a pardon is a powerful tool of forgiveness that can help individuals overcome the collateral consequences of a past conviction and fully reintegrate into society.

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