Fill and Sign the Uslegal Pamphlet on Pardons or Clemency Form

© 2016 - U.S. Legal Forms, Inc USLegal Pamphlet on Pardons I NTRODUCTION A pardon is defined in criminal law as an official act of forgiving a crime. A pardon may be granted under the executive powers of a governor or the President. By granting a convicted person a pardon, the conviction is eradicated from the records, the person is freed from further punishments and penalties, and may not be retried for the same offense. A pardon may be granted to persons for such reasons as advanced age, acts proving rehabilitation, unfairness of trial proceedings, doubts about guilt of the convicted person, or terminal illness. It is usually based upon a notion of undeserved punishment. A pardon does not indicate that the person pardoned is not guilty, but that they are forgiven and no longer deserving of punishment. While laws vary by state, a pardon request usually needs to be accompanied by a lengthy period of exemplary behavior and a reference check. Generally, the more serious the crime, the longer the time requirement for excellent behavior. There are few standards or checks on the exercise of the power to pardon. A common reason used in granting pardons is to mitigate disproportionate sentencing, especially between participants in the same criminal act or those convicted in the same jurisdiction. Some governors are against using pardons in this manner because they believe it usurps the discretion of the sentencing judge. President Carter commuted the twenty- year sentence of Watergate conspirator G. Gordon Liddy after four years and three months because Liddy had served much more time than more significant figures like John Mitchell. However, the Supreme Court has held that proportionality in imposing the death penalty is not a constitutional requirement. While pardons are typically given to persons who have been incarcerated for felonies, they may be issued for misdemeanors in some cases. Laws governing pardons vary by state, so local laws should be consulted. E FFECT OF A P ARDON A pardon forgives but does not forget. A pardon does not overturn a judgment of conviction. It does not seal the individual's criminal record, and the pardon is itself a public record. A pardon does not relieve a convicted sex offender of the requirement to register as such. A pardon does not remove any disabilities resulting from separate convictions that are not specified on the instrument of pardon (ie, being pardoned on one offense but not another would not remove disabilities from the offense not pardoned). In many states, it is the only instrument available to restore one’s right to bear arms. Once pardoned, a pardon generally relieves the offender of legal disabilities imposed upon him/her after the conviction of a felony. The granting of a pardon does not prevent some licensing agencies from still considering the conviction in determining whether a license should be granted to practice certain professions. P RESIDENTIAL P ARDONS Under the Constitution, only federal criminal convictions, such as those obtained in the United States District Courts, may be pardoned by the President. In addition, the President's pardon power extends to convictions obtained in the Superior Court of the District of Columbia and military court-martial proceedings. However, the President cannot pardon a state criminal offense. Accordingly, if you are seeking clemency for a state criminal conviction, you should not complete and submit this petition. Instead, you should contact the Governor or other appropriate authorities of the state where you reside or where the conviction occurred (such as the state board of pardons and paroles) to determine whether any relief is available to you under state law. If you have a federal conviction, information about the conviction may be obtained from the clerk of the federal court where you were convicted. Under the Department's rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., a minimum waiting period of five years after completion of sentence is required before anyone convicted of a federal offense becomes eligible to apply for a presidential pardon. The waiting period, which is designed to afford the petitioner a reasonable period of time in which to demonstrate an ability to lead a responsible, productive and law- abiding life, begins on the date of the petitioner's release from confinement. Alternatively, if the conviction resulted in a sentence other than a term of imprisonment, such as probation or a fine, the waiting period begins on the date of sentencing. In addition, the petitioner should have satisfied the penalty imposed, including all probation, parole, or supervised release. Moreover, the waiting period begins upon release from confinement for your most recent conviction, whether or not this is the offense for which pardon is sought. You may make a written request for a waiver of this requirement. However, waiver of any portion of the waiting period is rarely granted and then only in the most exceptional circumstances. In order to request a waiver, you must complete the pardon application form and submit it with a cover letter explaining why you believe the waiting period should be waived in your case. Petitions for a President’s pardon should be submitted to the Office of the Pardon Attorney , Department of Justice at http://www.justice.gov/p ardon/contact_info.htm . Applications may be downloaeded at http://www.justice.gov/p ardon/forms.htm /