This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Georgia USLegal Pamphlet on Pardons or Clemency
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FAQ
You must have completed all sentence(s) imposed upon you at least five (5) years prior to applying and have lived a law-abiding life since the completion of your sentence(s). You can have no pending charges against you.
Yes. A person whose request for a commutation of sentence is turned down may reapply anytime after one year from the date of the President's denial of the request. A person whose request for a pardon is denied may reapply anytime after two years from the date of the President's denial of the request.
People convicted of state crimes are eligible to apply for pardons only five years after they have completed serving their sentences. Even then, it's not the governor who decides but the State Board of Pardons and Paroles.
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.
Pardons just eliminate the further effect of having been convicted. A defendant's guilt or innocence is not adjudged when providing a presidential pardon. Generally, a commuted sentence replaces the original sentence that was imposed[ii].
The President can grant a pardon to a person who was convicted in a United States District Court, the Superior Court of the District of Columbia, or a military court-martial. Generally, a pardon is an expression of forgiveness. A pardon can help eliminate some of the consequences of a conviction.
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.
Can I have my right to legally possess a firearm restored if I have a felony FEDERAL conviction? No. The Georgia State Board of Pardons and Paroles does not have the authority to restore firearm rights on felony federal convictions. You will need to apply for a presidential pardon.
