Once all appeals have run their course, asking for clemency might be the last chance for a person seeking help after a conviction in California. Clemency lets someone ask the governor to forgive state-level crimes or the President to forgive federal offenses.
People can file five main kinds of clemency requests: pardons, commutations, reprieves, amnesty, and getting civil rights back.
A pardon gives full forgiveness for both the crime and its punishment, but it doesn’t erase the conviction from the record. Commutations, like pardons, don’t remove the conviction, but they do cut down the harshness or length of the sentence, often making it possible for the person to get parole. Reprieves put off carrying out a sentence for a while, which happens a lot in death penalty cases.
Amnesty stands out because it erases all legal records of the offense. Giving back civil rights brings back certain freedoms lost after a conviction, like the right to vote, own guns, or run for office.
How to Apply for Clemency in California
To apply for clemency in California, you must:
- Notify the district attorney (D.A.) in the county or counties where you were prosecuted and convicted, and sign an affidavit confirming this.
- Complete and submit a signed, notarized clemency application to the governor’s office. Both forms are available on the state governor’s website.
Notifying the District Attorney
Before submitting your clemency application, you must inform the D.A. of your intent by sending a notice to the district attorneys of all counties where you were convicted. A specific notice form, available alongside the clemency application, includes a section for the D.A. to confirm receipt of the notice.
You must send this notice before submitting your application to the governor and swear a notarized affidavit that the D.A. was notified. This affidavit must be submitted with your clemency application and signed before a notary. Qualified notaries can be found on the Secretary of State’s website. The D.A. will then send an acknowledgment of receipt to the governor’s office.
The governor must provide the D.A. with at least ten days’ notice before making a decision on your application, except in cases of immediate danger to your life or if your sentence is about to expire within ten days. Though not required, sending the notice via a method that provides proof of delivery, such as certified mail, is recommended.
The D.A. may submit a written recommendation to the governor either supporting or opposing your clemency request. Additionally, the D.A. will notify the victim(s) of your crimes, who can also submit recommendations to the governor.
Submitting the Clemency Application
Applying for clemency involves providing the following information:
- Reasons for seeking clemency
- A list of your convictions and the surrounding circumstances
- A statement explaining why you believe the governor should grant clemency
- Disclosure of any payments made to anyone assisting with the clemency process, including attorney fees
While there is no application fee for clemency, if you hire an attorney, you must disclose any fees paid during your application.
What Happens After a Clemency Petition is Submitted?
Once a clemency petition is submitted, the governor has the discretion to either review or dismiss the request. If the governor chooses to consider it, the application is typically referred to the Board of Parole Hearings (BPH), which investigates the case and provides recommendations.
For applicants with two or more prior felony convictions, a majority of the California Supreme Court must support the clemency grant.
Factors for Granting or Denying Clemency
There are no specific laws that dictate how clemency should be granted because the California Constitution gives the governor a lot of freedom to make these decisions. However, several things are usually taken into account, such as:
- The type and severity of the crime
- The length of the sentence
- The age of the person when they committed the crime and when they applied for clemency
- The time they have spent in prison and their efforts to improve themselves
- Their behavior and achievements in prison, like education
- How granting clemency might affect the community or the victim
- Any signs of regret, attempts to make amends, and what people think about it
- Views from the District Attorney and the victims
- Any history of violence against a partner and plans for re-entering society.
The governor cannot give clemency for federal or military crimes, as those decisions are made by the President. Public safety, the impact on the community, and the likelihood of the person committing another crime are also important factors in the decision.
