Ohio USLegal Pamphlet on Pardons or Clemency

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Multi-State
Control #:
US-PMPH-19
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Word; 
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Description

This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.

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FAQ

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.

The Ohio Constitution vests the power to pardon in the Governor, who may grant pardons for any criminal conviction except treason or impeachment. The Governor generally considers only the applications for pardon that are forwarded to him by the Ohio Board of Pardons, which is part of the Adult Parole Authority.

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 person must not have committed any additional crimes in at least the past 10 years, including DUI and OVI which are considered criminal offenses. Minor traffic citations are ok during this period. The person must not have been convicted of any disqualifying offenses (see details below).

A pardon restores your ability to hold public office such as city council or school board. A pardon may restore the ability to legally possess a firearm. A pardon affirms the positive changes you've made in your life.

The biggest benefit of obtaining a pardon is restoring rights you lost when you were convicted, such as being eligible for government aid again. There are several other reasons why you should consider applying for a pardon for your misdemeanor or felony.

To be eligible to apply for an expedited pardon, you must have: No new felony and misdemeanor criminal convictions in the last ten years. No convictions for prohibited offenses including murder, attempted murder, rape, kidnapping, and domestic violence. Read the full list of prohibited offenses here.

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Ohio USLegal Pamphlet on Pardons or Clemency