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What is the criteria for a pardon or commutation?
|Last Updated on: 25th September 2023, 05:52 pm
Qualifying for a Pardon or Commutation: What You Need to Know
For those convicted of crimes, a pardon or commutation from the government can represent a chance at a clean slate. But these forms of clemency are rarely granted. This article provides an overview of pardon and commutation criteria to understand your chances and options.
What is a Pardon?
A pardon is a government decision to legally forgive someone for a crime through dropping charges or releasing them from prison. It clears the conviction from the person’s record.
Pardons can be full or partial based on case specifics. Full pardons essentially restore all civil rights lost through conviction. Partial pardons release part of the sentence while leaving other punishments intact.
What is Sentence Commutation?
Commutation is shortening or reducing a person’s sentence through government clemency. For example, changing a 30-year prison term to 15 years. The conviction remains, but the punishment is less severe.
Commutations provide early release, but do not erase the criminal record like a pardon.
Pardon vs. Commutation
The key differences between pardons and commutations:
- Pardons nullify convictions, while commutations only reduce sentences.
- Pardons restore civil rights lost from conviction. Commutations do not.
- Pardons have full legal forgiveness. Commutations give limited relief.
Many seeking clemency request both a pardon and a commutation in hopes of at least getting their sentence shortened if a full pardon is denied.
Requirements for a Pardon
Here are typical requirements and criteria to receive a pardon:
- Post-sentence waiting period – You must complete parole/probation and wait several years before applying.
- Good character – You must demonstrate good conduct, sobriety, community service, and remorse.
- Need – Pardons are granted only for compelling reasons like clearing records for employment.
- Acceptance of responsibility – You must own your actions rather than claiming innocence.
- Official application – You must follow the full pardon application process.
The waiting period before applying varies by state. For federal pardons, it is typically 5 years post-sentence minimum.
Commutation Requirements
Key criteria considered for sentence commutations include:
- Severity of sentence – Commutations typically involve overly harsh mandatory minimums.
- Rehabilitation – You must demonstrate reform, education, good behavior, and remorse.
- Health concerns – Terminal or debilitating illness often prompts clemency.
- Old age – Commutations may be granted to elderly inmates for compassion.
- Unfair trial – Due process errors that caused excessive punishment can justify relief.
Unlike pardons, commutations do not require an extensive waiting period or application process.
The Clemency Application
The pardon or commutation application involves:
- Filing an official petition explaining your request
- Providing background on your history, conviction, and sentence
- Outlining your rehabilitation and good conduct
- Including letters of support from family, friends, employers, clergy, etc.
- Following up regularly on the status of your application
You may need an attorney’s help to prepare the strongest possible application proving you deserve clemency.
Pardon Letters
Letters of support from respected community members are critical for pardon petitions. Guidelines for pardon letters include:
- Stressing the person’s good character through detailed examples
- Focusing on positive actions since conviction, not legal claims
- Explaining why granting a pardon would benefit society
- Keeping the tone sincere, not confrontational or demanding
Influential people like former prosecutors, judges, or politicians make the best letter writers.
Commutation Letters
For commutation requests based on health or age, medical records and doctor letters can document the urgent need for release. For unfair sentences, expert opinions on due process issues may help.
Also include letters from family on the impact of losing a loved one and their rehabilitative potential if released.
Clemency Chances
The unfortunate truth is most clemency petitions are denied. Some key statistics:
- Less than 10% of applications result in pardons or commutations
- Non-violent offenses have higher success rates
- Commutations are more common than full pardons
Still, applying for clemency may be worth the small chance of success in certain cases – especially for commutations providing even limited relief.
Hiring a Clemency Lawyer
Given the low odds, having an experienced attorney handle your clemency application is advisable. Look for lawyers well-versed in the pardon and commutation process.
They can advise if you may qualify, strategically frame your petition, and use their connections to lobby for approval. This boosts your chances despite the long odds.
Conclusion
The stringent requirements mean clemency is only granted in a small fraction of cases. But for those with a compelling need and evidence of rehabilitation, applying remains one of the only options to seek mercy.