This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Pennsylvania USLegal Pamphlet on Pardons or Clemency
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Content Editor Clemency Types. Pardon ? A pardon constitutes total forgiveness by the state, essentially making it so the crime never happened. This allows for job applications to be submitted with denying a conviction occurred. ... Commutation ?
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 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.
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.
The Pennsylvania pardon process is lengthy and can take years. Ordering your case documents from the court can take up to six months. You need those documents before you can even begin the application process. You will also need to gather your driving record, sentencing documents, letters of reference, affidavits, etc.
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.
There are no definite standards for when a pardon will be given, but the majority of people who receive pardons have a record of only one minor offense that was committed at least five years ago, or a more serious offense that was committed at least ten years ago.