This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Indiana USLegal Pamphlet on Pardons or Clemency
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To be eligible for a pardon, you must be five years removed from the completion of your sentence. Parole and probation are considered part of your sentence.
The Governor can't pardon convictions from other state or federal courts. If you have more than one felony conviction, the Governor can't grant a pardon without the approval of the California Supreme Court. Governors are not required to consider a pardon.
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.
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.
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.
The pardon power has two limitations: The President cannot overturn Congress' power of impeachment. The President cannot pardon individuals for the state crimes they committed. This power lies with state governors.
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.
The California Constitution gives the Governor the authority to grant clemency, which includes commutations of sentence and pardons.
