In California, a governor's pardon is a crucial official act of clemency granted by the governor. While it doesn't erase or seal a conviction, it does serve as a powerful public declaration that an individual has fully rehabilitated.
A pardon is a key that unlocks most rights and privileges of citizenship that were lost due to a criminal conviction. For those who have completed their sentence and have since led a law-abiding life, a pardon represents a significant step toward regaining these rights and moving past a criminal record.
To obtain a Governor's pardon in California, you need to follow a specific process. This involves filling out an application and sending it to the Governor's office, usually with a Certificate of Rehabilitation as a prerequisite.
The process requires a comprehensive demonstration of good behavior after your conviction, as well as detailed information about your crime, rehabilitation efforts, and current life situation.
Once a board reviews the application, the Governor makes the final decision. This process can take approximately two years, underscoring the seriousness of the endeavor.
Reasons to Seek a Governor's Pardon
Individuals may pursue a pardon for several important reasons. Among the most common:
- Restoration of Civil Rights: A pardon can restore rights such as serving on a jury and, in most cases, owning or possessing a firearm, as long as the conviction wasn't for a felony involving a dangerous weapon.
- Eliminating Sex Offender Registry Requirements: For those required to register under Penal Code 290, a pardon can end this obligation if the conviction was for a misdemeanor or a felony that did not involve a minor.
- Restoring Professional Options: A pardon can remove obstacles to obtaining certain state professional licenses and help mitigate the impact a conviction has on employment opportunities.
- Wrongful Conviction: A pardon serves as formal recognition of innocence for those wrongfully convicted and provides a basis for seeking state compensation.
A pardon restores specific rights lost due to a conviction, such as the right to own a firearm and serve on a jury. However, it does not seal or erase your criminal record; the record remains public.
In California, there are two distinct routes to applying for a governor's pardon: obtaining a Certificate of Rehabilitation or submitting a direct application to the governor's Office. Let's review them below.
The Certificate of Rehabilitation (COR)
For most individuals convicted of a felony, the primary pathway is to first obtain a Certificate of Rehabilitation (COR) from the superior court in their county of residence. The COR is a court order declaring that a person has been rehabilitated.
To be eligible, an individual must have completed their parole or probation and have resided continuously in California for a specific period-typically three to five years-while demonstrating good conduct.
Once the superior court grants a COR, it is automatically forwarded to the governor's Office as an application for a pardon. This process does not require a separate application. Individuals convicted of certain misdemeanors, particularly sex offenses, may also be eligible to apply for a COR.
Direct Application to the Governor
Individuals who are not eligible for a COR can apply directly to the governor for a pardon. This includes those who no longer reside in California, individuals convicted of specific misdemeanor offenses not eligible for a COR, and those with certain federal or out-of-state convictions.
The direct application process involves completing a detailed form provided by the governor's Office. This application requires comprehensive information about the conviction, the sentence served, and the applicant's life since their release.
Applicants must provide substantial evidence of their rehabilitation, including letters of character reference, proof of employment, and documentation of community involvement.
What are the Steps in the Process?
The steps to obtain a Governor's pardon in California include the following:
Step 1: Assess your eligibility
- Meet the criteria: You must have been discharged from probation or parole at least 10 years ago and have not engaged in additional criminal activity since then.
- Exceptions: The 10-year rule may be waived only in very rare and exceptional cases.
- Ineligibility: If you don't qualify for a Certificate of Rehabilitation, you can choose to apply directly for a pardon.
Step 2: Collect documentation and finish the application.
- Application: Complete the official pardon application form.
- Documents: Obtain the relevant court documents related to your conviction.
- Explanation: Provide a comprehensive explanation of the crime, outline your rehabilitation efforts, and explain why you believe you deserve a pardon.
Step 3: Complete and submit your application.
- Where to Send: Send the finished application and all supporting documents to the Governor's office by email at [email protected].
- Information: Include personal details like your name and address, all prior convictions (including those from other states or countries), the circumstances of the crime for which you're requesting a pardon, your reasons for seeking it, and evidence of rehabilitation, such as achievements and responsibilities taken on since your conviction.
Step 4: Wait for review and approval.
- Board review: A board will evaluate your application and advise on whether to proceed.
- Governor's decision: The Governor's office will evaluate the board's advice, but the Governor is not required to approve the pardon.
- Expedited process: The process for marijuana-related offense applications can be accelerated.
Factors That Improve Your Chances of Success
While the governor ultimately has complete discretion in granting a pardon, several factors can significantly strengthen an application:
- Demonstrated Rehabilitation and Law-Abiding Conduct: A critical consideration is whether you have exhibited a prolonged period of law-abiding and productive living after you have completed your sentence. The governor's Office seeks clear evidence of full societal reintegration, including stable employment, fulfillment of family responsibilities, and positive community contributions through volunteer work or other activities.
- Strong Letters of Recommendation: Compelling letters of recommendation from employers, community leaders, and personal acquaintances--people who can attest to your character and sustained rehabilitation--can be highly influential.
- Well-Prepared Application and Documentation: A complete and thoroughly prepared application that clearly articulates the reasons for seeking a pardon and provides robust supporting documentation will receive more favorable consideration.
The Role of a Criminal Defense Attorney
The process of applying for a governor's pardon can be complex and demanding. A skilled California criminal defense attorney can provide valuable assistance throughout this process.
A good attorney can help determine the most appropriate application pathway, whether through a Certificate of Rehabilitation or a direct application. They can also ensure that all application materials are prepared correctly, accurately, and persuasively.
An experienced lawyer understands how to assemble a compelling narrative of rehabilitation, gather effective supporting evidence, and present the case in the strongest possible light to the court or the governor's Office, thereby increasing the likelihood of a successful outcome.
For more information, contact our criminal defense law firm, Eisner Gorin LLP in Los Angeles, CA.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,