Fill and Sign the Oklahoma Pardon Attorneytulsa Pardon Lawyers Kania Law Form

An Application for Pardon Consideration is attached, along with an information sheet. It is important that all items on the Application be answered and returned to the address listed below. The information you provide will help you to present yourself as a responsible and productive citizen. The Pardon and Parole Board will review this information in making a decision on your application. The process takes approximately six months to complete. If you live in the state of Oklahoma, a Probation and Parole Officer of the Department of Corrections will conduct the investigation. You should be completely open and honest with the investigating Officer. Information you might consider negative will not necessarily hurt your application. It may serve to show how you were able to overcome a problem and actually improve your chances of receiving a Pardon. If you live in another state, authorities in your home state will be asked to verify the information you have submitted. A local criminal record check will also be requested. The process may take longer than six months for applicants living in another state. After the investigation is completed and returned to our office, your Application will be submitted to the Pardon and Parole Board for their consideration on the next available docket (the Board meets once each month). If you receive a favorable recommendation from a majority of the Board members, that recommendation will be forwarded to the Governor’s office for a final decision. You will be notified in writing of the Board’s recommendation and the Governor’s decision. Please note the process takes approximately six months to complete; however, in some instance it can take longer. Please contact this office by mail or telephone if you have any questions. Send the completed Application package to: General Counsel Attn: Pardons First National Center 120 N. Robinson Ave., Suite 900W Oklahoma City, Oklahoma 73102-7436 Phone: (405) 602-5863 The Governor of the State of Oklahoma may pardon only Oklahoma convictions. The Governor cannot pardon a federal criminal offense or an offense from another state. If you are seeking a pardon for a conviction in another state you should contact that state. If you are seeking a pardon for a federal conviction, you should contact the Office of the Pardon Attorney, Department of Justice, 1425 New York Ave., N.W. Suite 1100, Washington , D.C. 20530. PARDON INFORMATION In order for a Pardon to be effective, it must include all Oklahoma District Court felony and misdemeanor convictions, and District Court traffic convictions, which involved drugs or alcohol. If you have cases, which have been pardoned before, these do not need to be included in your application. The Governor of the state of Oklahoma cannot pardon Federal cases or convictions from another state. Under Oklahoma law, a Pardon will not clear your record . It does not prevent your criminal record from being considered when decisions are made concerning employment or other matters. Even if you are granted a pardon, your record may continue to affect you. A person who was under 18 years old at the time his or her offense was committed and who has received a pardon may seek to have their record expunged , see 22 O.S. § 18(5). Any person convicted of a nonviolent felony that has received a pardon for the offense and has not been convicted of any other misdemeanor or felony and has no felony or misdemeanor charges pending, may after ten (10) years have passed (since the conviction) file a motion for expungement , see 22 O.S. § 18(7). If you are recommended for a pardon by the Pardon and Parole Board, your file will then be sent to the Governor for consideration. The Board’s recommendation must be approved by the Governor for a pardon to be granted. You will be notified of the decision of the Board and the Governor. The effects of a Pardon listed below concern Oklahoma law (this is a partial list, if you have a specific question feel free to contact our office). If you reside in another state, the effects may be different. EMPLOYMENT Many professions require licenses. The licensing agency for each profession operates under different laws and policies. Some agencies will not issue you a license even if you are pardoned, some will consider you only if you receive a pardon, and others do not require a pardon. If you are considering applying for a pardon in order to obtain a particular type of employment or a license, you should first check with the employer or licensing agency to see if it would be helpful to do so. Even if you receive a pardon, you must still answer “Yes” if asked if you have been convicted of a felony or misdemeanor on an employment application. You can add however, that you have been pardoned. A pardon does not remove the conviction from your record. LIQUOR LICENSES To be eligible for a liquor license, you must be pardoned on ALL felonies (Oklahoma, other states and Federal). You must also be pardoned on all alcohol-related District Court misdemeanor convictions from Oklahoma and any other state. Your spouse, partner, partner’s spouse, employees, corporate officers, and directors cannot legally obtain a liquor license if you have not been pardoned. VOTING If you receive a Pardon you will be allowed to register to vote. However, without a pardon you cannot vote for a period equal to the length of your sentence. For example, if you were convicted and given a two-year sentence on January 1, 2000, you cannot vote until January 1, 2002. For more information contact the State Election Board at (405) 521-2391. HOLDING PUBLIC OFFICE If you have been convicted of any felony (or misdemeanor involving embezzlement), you cannot seek or hold any state, county or city office (including school board offices) for 15 years after the completion of your sentence unless you have received a pardon. For more information contact the State Election Board at (405) 521-2391. Your city or town may also have other regulations regarding eligibility to hold office. PROPERTY RIGHTS A felony conviction does not prevent your from owning property, with one exception. A person convicted of Murder First Degree, Murder Second Degree, or Manslaughter First Degree cannot inherit property from the victim nor receive proceeds from the victim’s insurance. A pardon will not change this. FIREARMS Any person that has been convicted of a nonviolent felony and who has received a full and complete pardon is eligible to possess a firearm, pursuant to 21 O.S. Supp. 2000, § 1283(B). It is not possible for a person convicted of a violent felony to possess a firearm, even with a pardon (see 21 O.S. Supp. 2000, § 1283(A)). There may be Federal laws that apply to you. For more information contact the Bureau of Alcohol, Tobacco, and Firearms, which is a division of the U.S. Department of the Treasury. FUTURE FELONY CONVICTION A pardon will not prevent prior convictions from being considered if you are later convicted of a felony. Your previous record may be used in the sentencing process even if the offense has been pardoned. WHY SHOULD I APPLY? A pardon has little direct effect under Oklahoma law. However, it can be useful in helping you to present yourself as a responsible citizen. A pardon serves as recognition that you have adjusted well to society since completing your sentence. IN ORDER TO QUALIFY FOR CONSIDERATION YOU MUST MEET THE FOLLOWING CONDITIONS: 1. You have been convicted of a violation of Oklahoma law, either a felony or a misdemeanor. 2. No pending charges. 3. Not currently in jail or prison. 4. You must have discharged all sentences, successfully completed parole or a suspended sentence, OR completed five years under supervision on the current case(s). 5. You cannot have been considered or investigated for a pardon within the past year. REASON FOR SEEKING PARDON In answering question 27, you should state the specific purpose for which you are seeking a pardon and, if applicable, attach any relevant documentary evidence that indicates how a pardon will help you accomplish that purpose (such as citations to applicable provisions of statutes or regulations, or copies of letters from appropriate officials of state agencies, professional associations, licensing authorities, etc.). In addition, you should bear in mind that a Governor's pardon is ordinarily a sign of forgiveness and is granted in recognition of the applicant's acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or release from confinement. A pardon is not a sign of vindication and does not connote or establish innocence. For that reason, when considering the merits of a pardon application, the Pardon and Parole Board takes into account the applicant's acceptance or responsibility, remorse, and atonement for the offense(s). ADDITIONAL ARREST RECORD In answering question 7, you must disclose any additional arrest or charge by any civilian or military law enforcement authority, including any federal, state local, or foreign authority, whether it occurred before or after the offense(s) for which you are seeking pardon. Your answer should list every violation, including traffic violations that resulted in an arrest or criminal charge, such as driving under the influence. Your failure to disclose any such arrest, whether or not it resulted in conviction, may be construed as falsification of the application. CREDIT STATUS AND CIVIL LAWSUITS In response to questions 17 through 20, you must list all delinquent credit obligations, whether or not you dispute them. You must also list all civil lawsuits in which you were named as a party, whether as a plaintiff or defendant, including bankruptcy proceedings. You must also list all unpaid tax obligations, whether federal, state or local. You may submit explanatory material in connection with any of these matters (such as an agree method of payment). CHARACTER REFERENCES At least three character affidavits must accompany the application. If you submit more than three, you should designate the three persons whom you consider to be primary references. The affidavit forms provided are preferred. However, letters of recommendation may be substituted if they contain the full name, address, and telephone number of the reference, indicate a knowledge of the offense(s) for which you are seeking a pardon, and bear a notarized signature. Persons related to you by blood or marriage cannot be used as primary character references. APPEAL OF DENIAL You will be notified when a final decision is made on your application. There is no appeal from the Board or Governor's decision to deny a pardon application. The Board and the Governor are not required to give specific reasons for denial. Therefore the reason for a denial is not available from the Pardon and Parole Board or their staff. If your application is denied, you may submit a new application for consideration one year from the date of denial. THE FOLLOWING ITEMS MUST BE SENT IN WITH YOUR APPLICATION: 1. Certified Judgment and Sentence on each conviction (obtainable from the Court Clerk in the County of conviction; copies must bear the County Seal); 2. Current credit report; 3. Proof of employment (if you are not employed, be sure that is stated in the Application); 4. Proof of residence (current receipt for rent or mortage payments; if you are not making payments, be sure that is stated in the Application); 5. Certified statement from the Court Clerk that all fines and Court costs (including restitution) have been paid (must bear the County Seal, see Item 1.). A PPLICATION FOR PARDON A FTER C OMPLETION OF SENTENCE 1 Please read the accompanying instructions carefully before completing the application. Type or print the answers in ink. Each question must be answered fully, truthfully, and accurately. If the space for any answer is insufficient, you may complete the answer on the optional continuation page or on a separate sheet of paper and attach it to the application. You may attach additional documentation that you believe is relevant to your application. The submission of any false information is grounds for immediate denial of the application. The undersigned applicant requests a pardon and in support thereof states as follows: 1. Full Name: _____________________________________________________ First MiddleLast Address:_______________________________________________________ NumberStreetCityStateZip Code Telephone Nubmer:_________________Driver's License No.____________ 2 (include area code) Date and place of birth:__________________________________________ Sex:______ State in full every other name by which you have been known, including the name under which you were convicted, the reason for your use of another name, and the dates during which you were so known ( i.e., include your maiden name, name by former marriage, aliases, and nicknames) . Are you a United States citizen? yes  no If you are not a U.S. citizen, state your nationality and your alien registration number. If you are a naturalized U.S. citizen, state the date and place of your naturalization. 1 To be eligible to apply, an application must have discharged all sentences, including supervision, or successfully completed five consecutive years of supervision immediately prior to application, unless convicted of Murder First Degree. Any cases from other jurisdictions must also meet these criteria, even though not included in the consideration. Any person convicted of Murder First Degree must have served twenty consecutive years under supervision immediately prior to application. 2 Failure to provide your Social Security Number will NOT prejudice your application. Have you ever applied for a pardon before?  yes  no If yes, state the date you previously applied. ____________________________________ Offense(s) for which Pardon is Sought 3 Please review footnote 1 on page one of the application to make sure you are eligible to apply for a pardon. You must meet the eligibility criteria on all convictions. Failure to meet the eligibility criteria will result in the application being denied/returned to you. 2. Applicant was convicted on a plea of ___________________ in the District (guilty, not guilty, or nolo contendere) Court of ____________________ of the crime of: (County) (specific offense as named on the Judgment & Sentence; and statute violated, if known) and was sentenced on ______________, _________ to: (month/day) (year)  imprisonment for _______________________________,  probation for __________________________________,  a fine of $______________________________________,  restitution of $____________________________________. Applicant was ________ years of age when the offense was committed. 3. Applicant began serving the sentence of (  imprisonment or  probation) on _____________, ________ and discharged the sentence on ______________, ______. (month/day) (year) (month/day) (year) Applicant (  did or  did not) appeal the conviction. 4. Indicate the date(s) on which the fine or restitution was paid. If the fine or restitution has not been paid in full, you are not allowed to apply for a pardon. 3 Questions 2 through 6 must be answered for every Oklahoma conviction. You must apply for a pardon on all Oklahoma convictions. If additional space is needed you may use the optional continuation page or attach separate pages when answering questions 2 thought 6 for multiple convictions. 5. If you appealed your conviction or sentence, provide the date of the decision(s) by the Court of Criminal Appeals. Also provide citations to any published judicial opinion(s), and a copy of any unpublished opinion(s), if available. 6. Provide a complete and detailed account of the offense(s). You are expected to describe in your own words the relevant factual circumstances of the offense(s). Do not simply repeat the description of the offense contained in the Criminal Information or Judgment and Sentence, or rely on the statutory citation alone. If the conviction resulted from a plea agreement, you should describe the full extent of your involvement in the criminal conduct, in addition to the charge(s) to which you plead guilty. If you need more space, use the optional continuation page. Prior and Subsequent Criminal Record 7. Aside from the offense for which you seek pardon, have you ever been arrested, taken into custody, held for investigation or questioning, charged by any law enforcement authority, or convicted in any court, either as a juvenile or an adult, for any other incident?  yes  no For each such incident, state the following: the date, the nature of the charge, the relevant facts, the law enforcement authority involved, the location, and the disposition of the incident. You must list every incident, including traffic violation. You are expected to describe in your own words the relevant facts of each incident. Any omission will be considered a false statement and will be grounds for denial of your application. BIOGRAPHICAL INFORMATION 8. Current marital status:  never married  married  divorced  widowed  separated. For each marriage, state the following: name of spouse, date and place of marriage, and if applicable date and place of divorce. If you need more space, use the optional continuation page(s). name of spouse date/place of marriage date/place of divorce 9. If you have minor children, but do not have custody of one or more of them, indicate whether and to whom you pay child support, whether your payments are current, and, if not, the reason for your failure to pay and any agreements you have made to satisfy your payment obligation. 10. List all schools you have attended since your conviction, beginning with the most recent and working backward. Indicate the type of degree or diploma received or anticipated and the date or completion. If you need more space, use the optional continuation page. 11. Provide the full address of every place you have lived in the past five years, beginning with the present and working backward. All time periods must be accounted for. List the physical location; do not use a post office box as an address. If you live(d) in an apartment complex, list your apartment number. If you need more space, use the optional continuation page. 12. List all periods of employment and unemployment since the conviction or release from incarceration, beginning with the present and working backward. All time periods must be accounted for. List all full and part-time work, self-employment, and any period of unemployment. For any period of unemployment, indicate your means of support. If you need more space, use the optional continuation page. a. Since your conviction, have you been fired or left a job following allegations of misconduct or unsatisfactory job performance?  yes  no b. Have you ever failed to list your conviction, or any other arrest, on any employment or other application where such information was requested?  yes  no If you answered yes to either of the above questions, provide the employer's name, address and telephone number, and explain fully below. If you need more space, use the optional continuation page. SUBSTANCE ABUSE AND MENTAL HEALTH INFORMATION 13. Have you ever used any illegal drug(s) or abused prescription drugs or alcohol?  yes  no If yes, identify the drug(s) used, the dates of drug or alcohol abuse, and the frequency of such use. If you need more space, use the optional continuation page. 14. Have you ever been involved in the illegal manufacture, sale, or distribution of drugs other than the offense(s) for which you seek a pardon?  yes  no If yes, provide complete details of your involvement. If you need more space, use the optional continuation page. 15. Have you ever sought or participate in counseling, treatment, or a rehabilitation program for drug use or alcohol use?  yes  no If yes, identify the dates of dates of treatment or counseling and the name of the treatment provider. If you need more space, use the optional continuation page. 16. Have you ever consulted with a mental health professional (psychiatrist, psychologist, or counselor), or with another health care provider, concerning a mental health related condition?  yes  no If yes, specify the nature of the condition and the dates of treatment as well as the name of the treatment provider. If you need more space, use the optional continuation page. CIVIL AND FINANCIAL INFORMATION 17. Are you currently in default or delinquent in any way in the payment or discharge of any debt or financial obligation imposed upon you?  yes  no If yes, state the amount of the debt, the name of the creditor, the reason for the failure to pay, and the terms of any agreement you have made to satisfy the obligation.. If you need more space, use the optional continuation page. 18. Have any liens (including federal or state tax liens) been filed against you?  yes  no If yes, state the amount of the lien, the name of lien holder, the reason the lien was imposed and the current status of the lien.. If you need more space, use the optional continuation page. 19. Have you ever been a party in a civil lawsuit?  yes  no If yes, identify the court in which it was filed, the case number, the nature of the dispute and the final disposition. If you need more space, use the optional continuation page. 20. Have you ever filed for the discharge of your debts in bankruptcy? yes  no If yes, state the court in which the petition was filed, the case number, the amount of debt sought to be discharged, the final disposition and the date of disposition.. If you need more space, use the optional continuation page. 21. Do you have any pending judicial or administrative proceedings with the federal, state or local governments?  yes  no If yes, state the name of the authority involved, the jurisdiction in which the proceeding is pending, the case number, the nature of the proceeding, and the current status of the matter. If you need more space, use the optional continuation page. Military Record 22. Have you ever served in the armed forces of the United States?  yes  no Dates of service:_________________________________________ Branch(es):_____________________________________________ Serial Number:__________________________________________ Type of Discharge:_______________________________________ Decorations (if any):______________________________________ If you were other than Honorably Discharged, describe in detail the factual circumstances surrounding your discharge. If you need more space, use the optional continuation page. Attach a copy of you separation papers (Form DD-214), if available. 23. While serving in the armed forces, did you receive non-judicial punishment, or were you the defendant in any court-martial?  yes  no If yes, state fully the nature of the charge, the relevant facts, the disposition of the proceedings, and the date thereof. If you were convicted of an offense by court-martial, provide a copy of the court-martial promulgating order. If you need more space, use the optional continuation page. Occupational Licensing 24. Have you ever been denied any type of business or professional license, had any such license revoked, or had reinstatement of any such license denied?  yes  no If yes, attach a copy of the document(s) evidencing the action and state below the name of the authority taking the action. If you need more space, use the optional continuation page. 25. Have you ever been granted any type of business or profession license or received the reinstatement of any such license that had been revoked?  yes  no If yes, attach a copy of the document(s) evidencing the action and state below the name of the authority taking the action. If you need more space, use the optional continuation page. Charitable and Community Activities 26. Describe any charitable or civic activities in which you have been engaged, or other contributions you have made to the community, since your conviction. In this regard, you may include the names of any organizations in which you have participated, the time periods of your participation, your role in these activities. If you need more space, use the optional continuation page. Reason(s) for Seeking a Pardon 27. State in full your reasons for seeking a pardon. Please keep in mind that a pardon is ordinarily a sign of forgiveness, not vindication. If you need more space, use the optional continuation page. Certification and Personal Oath I hereby certify that all answers to the above questions and all statements contained herein are true and correct to the best of my knowledge, information, and belief. I understand that any intentional misstatements of material facts contained in this application may cause adverse action on my application for pardon. In making application for a pardon from the Governor of the State of Oklahoma, I do solemnly swear that I will be a law-abiding citizen and that I take this obligation freely and without any mental reservation whatsoever. Respectfully submitted this ________ day of _______________, _____________. (day) (month)(year) ____________________________________ (signature of applicant) Subscribed an sworn before me this ______ day of ______________, _________. (day)(month) (year) (seal) ____________________________________ Notary Public My commission expires: _________________________________ OPTIONAL CONTINUATION PAGE List question number for each response. Character Affidavit on behalf of (print or type name of applicant) In support of the application of the above named applicant for a Pardon from the Governor of the State of Oklahoma, I, _________________________________________ ( print or type name of affiant) residing at _______________________________________________________________ Number StreetCityStateZip code _________________________, whose occupation is ____________________________, (telephone no., with area code) certify that I have personally known the applicant for ______ years. Except as otherwise indicated below, applicant has behaved since the conviction in a moral and law-abiding manner. My knowledge of applicant's reputation, conduct and activities, including whether the applicant has been arrested or had any other trouble with the public authorities and has been steadily employed, is as follows: I do solemnly swear that the foregoing information is true and correct to the best of my knowledge, information and belief. ______________________________ ( Signature of Affiant) Subscribed an sworn before me this ______ day of ______________, _________. (day) (month) (year) (seal) ____________________________________ Notary Public My commission expires: _________________________________ Authorization for Release of Information Carefully read this authorization to release information about you, then complete, sign and date it in ink. I authorize any duly accredited representative of the Oklahoma Pardon and Parole Board or the Oklahoma Department of Corrections, to obtain any information relating to my activities from schools, residential management agents, employers, criminal justice agencies, retail business establishments, courts, or other sources of information. This information may include, but is not limited to, my academic, residential, achievement, performance, attendance, disciplinary, employment history, criminal history, arrest, conviction, including the pre-sentence investigation report, if any, medical, psychiatric/psychological, health care, and financial and credit information. I understand that, for financial or lending institutions and certain other sources of information, a separate specific release may be needed (pursuant to their request or as may be required by law), and I may be contacted for such a release at a later date. I further authorize the Oklahoma Pardon and Parole Board or the Oklahoma Department of Corrections, any other authorized state agency, to request criminal record information about me from criminal justice agencies for the purpose of determining my suitability for a Pardon. I authorize custodians of records and sources of information pertaining to me to release such information upon request of any duly accredited representative of the Oklahoma Pardon and Parole Board or the Oklahoma Department of Corrections or any state agency authorized above regardless of any previous agreement to the contrary. I understand that the information released by records custodians and sources of information is for official use by the State of Oklahoma only for the purposes of processing my application for a pardon, and my be re-disclosed by the State of Oklahoma only as authorized by law. Copies of this authorization that show my signature are as valid as the original release signed by me. This authorization is valid for one (1) year from the date signed. ________________________________ Signature (in ink, blue or black) ________________________________ _______________________________ Full Name (typed or printed) Date signed Other names used Street Address CityStateZip codePhone No. (with area code)