Clemency is one of the most misunderstood and least used tools available in the criminal justice system. A pardon, commutation, or reprieve can change the course of a person's life but the process is rarely explained in plain language. This section covers the difference between a pardon and a commutation, how to apply for clemency at the state and federal level, what makes a strong clemency petition, how long the process typically takes, and what realistic expectations look like given historical approval rates. Federal clemency is granted by the President. State clemency is granted by the governor or a clemency board depending on the state. Both processes require patience, documentation, and in most cases legal assistance. The questions answered here come from families who have pursued clemency and from people who understand what decision makers look for when evaluating these petitions. See also our sections on Sentence Reduction and Post Conviction Appeals.
Subject: Clemency - pardons
Twenty years of clean living after a felony conviction is exactly the kind of track record that pardon boards and expungement statutes are designed to recognize. The fact that you have stayed out of trouble since completing the sentence is the single most important factor in any application for relief, and you have it in abundance.
The three main pathways worth exploring are expungement, record sealing, and a governor's pardon, and which of those is available depends on your state and...
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The inmate must apply for clemency themselves directly to the governor. There is a process in place, have your inmate ask their counselor for the proper forms.
Subject: Clemency - pardons
Yes, all inmates are entitled to apply for clemency, a pardon or compassionate release from the governor of the state they are incarcerated or in the case of federal inmates the President is the only one with that power. Inmates may write the US Pardon Attorney in Washington DC to apply. Obama pardoned more inmates than all of the previous presidents combined.
Subject: Clemency - pardons
It is every inmate's right to ask for clemency. If you have a drug offense and are in the federal BOP, Obama was giving out clemency tickets by the hundreds. There have been zero for sex offenders. The states also offer a way to apply to their governor for clemency. These are long, long shots for success. Long sentenced drug criminals have had a lot of attention from the Obama Administration - he has pardoned or granted clemency to more...
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