Certificate of Rehabilitation and Governor's Pardon FAQ

Arkansas Pardon Application

Instructions

A Pardon is not a right but a discretionary duty of the Governor that can be denied for any reason. An applicant for Pardon should understand that the process will take several months, even a year or more in some instances.

The Parole Board will review all applications. After the Parole Board makes the review and recommendation, you will be notified. Please, do not call the Parole Board concerning results.

The Governor relies on the recommendation of the Parole Board and will not review any application, which has not been first reviewed by the Parole Board. The Governor does not review files taken out of order. There is no appeal process for Pardons. If the Governor denies the application, that decision is final.

Follow all instructions and answer all questions truthfully.

Incorrect information will be grounds for return of your application.

Return all applications to: DCC Institutional Release Services (IRS), Pardon Department, 2801 S. Olive St., Suite 6-D, Pine Bluff, AR. 71601

Pardon Application

Institutional Release Services--Pardon Department
2801 S. Olive St., Suite 6-D
Pine Bluff, AR. 71601
870-543-1033 // 870-879-6725 fax

I am requesting the following (Check Only One)

Pardon (with firearm rights restored)

Pardon (without firearm rights restored)

Restoration of Firearms Only -- crime must be 8 years old and no weapons involved (page 8 also must be filled out by Sheriff in county where you reside and notarized)

Checklist for Applicant’s Use

Please make sure all information listed below is attached to application

First time applicant Yes No

Date of previous application

Entirely completed, signed, dated and notarized application

Judgment Orders for each conviction to be considered

Letters of recommendation (include current address and daytime phone #’s)

i. Family

ii. Friends

iii. Minister (if applicable)

iv. Present or former employers

v. Other reputable persons in the community who may desire to testify to the moral character and good behavior of the applicant.

Letter of Personal Plea

1. Give full name under which you were convicted and any alias names you may have used:

2. You must list below, ALL CRIMES WHICH YOU WISH TO BE PARDONED! (Attach separate sheet if necessary to include all convictions to be considered)

(fill out completely and attach Judgment OR Commitment Orders (or docket sheets) for each crime listed)

3. Have you completely discharged from your sentence? YES NO

4. Are you on probation or suspended sentence?

5. Was any restitution ordered in any of the convictions Yes No

6. Have all fines, fees, court costs and restitution been paid in full? If Yes—attach receipts

If you still owe restitution, cost(s) and/or fine(s) for any crimes you were convicted, please list the persons or entity to which the debt is owed and the outstanding amount still owed.

7. Were there victims in your crimes? YES NO

If yes answer the following questions;

a. Did you know the victim?

b. If yes, what was the relationship?

c. Was the victim injured?

d. Age of the Victim

e. Was the victim law enforcement or public official?

f. Was there more than one (1) victim?

8. Were other persons involved in the crimes listed above? Yes No

If yes, list the names of your accomplices and what, if any, sentences they received

9. Concerning the facts of the crimes, briefly explain what happened in each case.

10. Explain the reason why you think the Governor should grant to you the relief requested.

11. Describe what you have done to demonstrate your rehabilitation-Community programs, volunteer work, furthering education, speaking engagements, mentoring to others, etc.

12. Are you a SEX OFFENDER that is currently required to register by law? Yes No

Has your registration been kept current since it’s requirement?

If no, explain why not

You must submit your most recent risk assessment with this application. This may be obtained from your local sheriff’s office)

13. List all other crimes not listed before, even out of state crimes, traffic violations, misdemeanors, etc. that you DO NOT WISH TO BE CONSIDERED FOR PARDON

PERSONAL BACKGROUND

1. Are you: Single Married Separated Divorced Widowed

Full name of spouse

When were you married

Where were you married

2. Previous marriages: list the following information;

3. Children

4. Have you ever served in the Armed Forces? Yes No

If yes, what branch?

5. What type of discharge did you receive? Honorable Dishonorable Medical Other

EDUCATIONAL BACKGROUND

EMPLOYMENT BACKGROUND

1. Please provide the following information about your current job;

Name of employer

Employer’s address

When were you hired

Give a brief description of your job duties:

2. If you are currently unemployed, but on disability, please explain how you became disabled.

For previous jobs you have held, list the following information

By signing and submitting this application, I hereby swear and affirm that the information provided is true and accurate to the best of my knowledge and I hereby waive any state or federal privacy protections or other privileges to the extent allowable by law;

I understand that incorrect information provided by myself, will be grounds for IMMEDIATE DENIAL!

Subscribed and sworn to me this day of , .

My Commission expires:

Notary Public

Certificate to Obtain Information

To be filled out by the Clerk in the County of Conviction

In the Court of Conviction (Circuit Court or District Court)

I, Circuit Clerk or District Clerk of County

Have been approached by in an attempt to obtain a certified copy of his or her commitment orders for the purpose of applying for a Governor’s Pardon. After a good faith effort, a copy of these records cannot be furnished for the following reason:

Case too old, documents have been destroyed

A copy has been diligently searched for and cannot be found

Court House burnt and record was destroyed (year of )

Record has been Sealed

(if applicant applies in person, sealed record must be supplied to them)

***** Statute 16-90-903****

Circuit Clerk/ Deputy Clerk / District Clerk

County Seal

Recommendation of Chief Law Enforcement Officer in County of Residence

I, , hereby recommend (applicant) for the restoration of his/her right to own or possess firearms and certify that he/she is of good standing and is deserving of this restoration of firearm rights.

In Accordance with Arkansas Code Annotated ~5-73-103, I confirm that the crime occurred more than eight (8) years ago and no weapon was involved in the commission of the crime.

This person currently resides at which is within my jurisdiction and has lived within my jurisdiction since .

Sheriff

County of

Subscribed and sworn to me this day of , .

Notary Public

My commission expires:

Executive Clemency Arkansas

Applications should not be submitted from probationers or parolees that have not fully discharged their sentence. If there is still probation or parole time left on a sentence pardons have not typically been granted.

Process:

1. To apply fill out and return application to parole services as listed on the application. If your mailing address is different than your home address, please include both.

2. Include letters of support or recommendation.

3. Full application will be sent to Governor’s office.

4. Parole Board will place the application on their agenda and make a non-binding recommendation to the Governor. The Governor’s decision is a final decision.

5. Once the Parole Board makes their recommendation, they will notify the applicant and post the results on their website.

6. They will forward the file to the Governor’s office approximately 30 days from the listing on the website.

7. Once the application is received in the Governor’s office, he has 240 days for consultation, recommendation and final decision to be made.

8. Appointment may be made with the Governor’s Legal Counsel for Clemency and Corrections once the application has reached the Governor’s office.

Outcomes:

There are several possible outcomes when application is made.

1. The Governor may take no action on an application. In this case, the applicant may re-apply on their own time frame. They are not barred from re-application for any statutory amount of time.

2. The Governor may deny the application.

This will result in two outcomes:

1. Most applicants will be denied for 4 years from the date of application.

2. Inmates with a sentence of life in prison without parole will be denied for 6 years from the date of denial

These are statutorily set denial periods.

3. The Governor may issue a notice of intent to grant a pardon or commutation. This will trigger a 30 day waiting period for public comment and public notice that a clemency action is pending.

At the end of the 30 day waiting period, a proclamation will be issued granting the pardon or commutation.

Issuance of a notice of intent is not an automatic grant. If for any reasons, information is received during the 30 day waiting period that is negative, the Governor can choose not to grant the pardon or commutation.

Restoration:

If an applicant is granted a pardon, he or she may have all their rights restored. If the applicant has felony convictions, the pardon will restore the right to bear arms. If the applicant has a misdemeanor conviction, with the exception of domestic battery convictions, there was never a loss of the second amendment rights.

If an applicant is granted a commutation, the time they are to serve in the Department of Corrections will be shortened. This is not a full pardon and does not restore rights that have been lost. A full pardon must be asked for at a future date for full restoration.

Contact with the Governor’s office:

Amy Click
Assistant Legal Counsel for Clemency and Corrections
State Capitol Room 011
Little Rock, AR 72201
501-683-6447