This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Wisconsin USLegal Pamphlet on Pardons or Clemency
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An applicant must seek a pardon for a Wisconsin felony conviction. Five Years ?Off Paper.? An applicant must have completed all confinement and probation, parole, or extended supervision at least five years ago. be subject to any pending charges.
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.
Gun rights are restored unless the conviction was for a domestic violence misdemeanor. Those convicted of a felony involving possession of a firearm must receive a pardon for both the underlying felony conviction and the firearm possession conviction in order to regain gun rights.
Article V, section 6, of the Wisconsin Constitution vests the governor with the power to grant reprieves, commutations, and pardons to individuals who have been convicted of a crime, except in cases of treason and impeachment.
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.