This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
New Mexico USLegal Pamphlet on Pardons or Clemency
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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.
In New Mexico, individuals who have been convicted of a felony are barred from exercising three basic rights: (1) voting;7 (2) holding elective office;8 and (3) possessing firearms. 9 The Governor may exercise her pardon authority to restore some or all of these rights under New Mexico law.
3rd-degree felony convictions: Six years from the end of the sentence. 2nd-degree felony convictions: Eight years from the end of the sentence. Any crime of domestic violence, including misdemeanors, and 1st-degree felony convictions: Ten years from the end of the sentence.
In seven states?Arizona, Delaware, Florida, Louisiana, Oklahoma, Pennsylvania, and Texas?the governor must have the recommendation of clemency from a board or advisory group. In Georgia, Nebraska, Nevada, and Utah, a board or advisory group has the sole discretion to grant clemency.
A pardon restores rights that you lost upon being convicted, but it does not ?erase? your criminal record. To clear your criminal history completely, you must have an expungement. A pardon, however, is a necessary step in the process toward expungement for some serious crimes.
Among the reasons given for the granting of clemency in capital cases are: mental illness of the defendant, a co-defendant who was given a lesser sentence, inadequate legal representation, and evidence that the defendant may have been wrongly convicted.
Restoration of Key Rights If you are convicted of a felony, you will lose your right to own a gun, receive a passport, serve on a jury, and hold public office. Receipt of a pardon restores these rights, enabling you to become an integral member of your community.
Clemency is an important part of the criminal justice system that can: incentivize accountability and rehabilitation; increase the safety of the people working and serving sentences in our jails and prisons; increase public safety by removing counterproductive barriers to successful reentry; and.
