West Virginia USLegal Pamphlet on Pardons or Clemency

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US-PMPH-19
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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

Generally, an inmate, parolee, or probationer must have contributed extraordinary service to his penal institution, exhibited extraordinary motivation toward his rehabilitation, or to be suffering an extreme life-threatening medical condition that has been certified by prison medical staff in order to be eligible to ...

West Virginia allows any of the people who are ineligible to purchase firearms under state law to petition the circuit court of the county in which he or she resides to regain their eligibility to possess a firearm.

An inmate sentenced for life may not be paroled until he or she has served 10 years, and an inmate sentenced for life who has been previously twice convicted of a felony may not be paroled until he or she has served 15 years: Provided, That an inmate convicted of first degree murder for an offense committed on or after ...

West Virginia is one of several states with a so-called ?second chance? law. It lets people with a felony criminal record appeal to a judge to reduce their charge to a misdemeanor. The goal? To help them find work.

??In order to apply for Executive Clemency, the applicant has to contact the Governor's office at 304-558-2000 and request the application for Executive Clemency be sent to him/her. Upon completion of the application, the applicant will return the application to the Governor's office.

An individual may petition the Court five (5) years after the completion of any sentence of incarceration and completion of supervision in the circuit court in the county where the conviction or convictions occurred. In some circumstances a person may be eligible for accelerated expungement.

???A pardon by the Governor of the West Virginia serves only to eliminate or reduce the punishment, including fines, imposed by a West Virginia Court. A governor's pardon cannot expunge or otherwise eliminate a finding of guilty or the resulting record of conviction.

The President's applications for pardon must be presented through or referred to the Department of Justice. However in most states in the U.S., the power to pardon is vested in the state's governor.

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West Virginia USLegal Pamphlet on Pardons or Clemency