This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
South Dakota USLegal Pamphlet on Pardons or Clemency
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FAQ
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.
The California Constitution gives the Governor the authority to grant clemency, which includes commutations of sentence and pardons.
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 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.
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.
You can apply for an exceptional pardon if you meet one of the following criteria (SDCL 24-14-8): If you served time in prison, you were convicted of only one felony, which was not punishable by life imprisonment, and it has been more than five years since your release from a Department of Corrections facility, or.
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.
Firearms rights are not lost unless a person is convicted of a ?crime of violence? or certain drug felonies, in which case rights are restored automatically fifteen years after completion of sentence. S.D.
