This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
California USLegal Pamphlet on Pardons or Clemency
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FAQ
The Governor cannot grant pardons to applicants with more than one felony conviction without the approval of the California Supreme Court. The Governor's Office requests this approval if needed. There are two ways to apply for a pardon in California: by Certificate of Rehabilitation or a Direct Pardon.
A pardon may be full or conditional. It is conditional when its effectiveness depends on fulfillment of a condition by the offender, usually a lesser punishment, as in the commutation of the death sentence. The effect of a full pardon is unclear in some jurisdictions.
Clemency is a general term used for the act of reducing the penalties of a crime, similar to a commutation. Also, pardons are actually considered a form of clemency. If you receive a pardon, you are always receiving clemency, but if you receive clemency, you are not always receiving a pardon.
Pardons are very rarely granted. Applicants must demonstrate exemplary behavior following a conviction to be considered. Generally, you must be off probation or parole for at least 10 years with no further criminal activity to be considered.
The Pardon is no longer valid if you are accused of a new crime. If this is the case you would be entitled to apply for a second Pardon. Otherwise, your criminal record will remain sealed for ever.
You are not entitled to restoration of your gun rights -- even with a governor's pardon -- if your conviction was for a felony involving the use of a dangerous weapon. Who is eligible for a California Certificate of Rehabilitation?
The California Constitution gives the Governor the right to pardon someone convicted of a crime in California. A pardon can restore some, but not all, rights lost due to a conviction. It does not erase or seal a record. California Constitution, Article 5, §8.
You are not entitled to restoration of your gun rights -- even with a governor's pardon -- if your conviction was for a felony involving the use of a dangerous weapon. Who is eligible for a California Certificate of Rehabilitation?
