CALIFORNIA CRIMINAL LAWYERS

Los Angeles Governor's Pardons

Clearing Your Record or Reducing Your Sentence in California: Understanding the Governor’s Pardon

If you find yourself with a criminal conviction in California, including Los Angeles, you may want to explore options for clearing your record or reducing your sentence. One possibility to consider is obtaining a governor’s pardon for your offense. Although often portrayed as a last-minute salvation in movies, a governor’s pardon in California is typically granted only in limited situations and to those who have already been released from prison.

Who Qualifies for a Governor’s Pardon?

There are specific scenarios that qualify for a Governor’s pardon, though they can apply to various situations. The clearest reason someone would qualify for a pardon is if they were wrongfully convicted. The law may not have been applied correctly in their case, or their sentence may run against the interests of justice. Contrary to what movies suggest, it is not common for pardons to be granted to those who are still in jail. Instead, those who have voluntarily taken corrective action in their lives by living lawfully for multiple years after serving time may be considered.

Although a pardon may sound like an expungement, the two share different purposes. Expungements aim to clear any public record of a criminal charge concerning disposition. Pardons, however, forgive the individual convicted of the crime.

What is the Pardon Process?

The first step to take when seeking a governor’s pardon is completing the application and sending it to the Governor. Additionally, an applicant must fulfill notice of intent to seek a traditional pardon to the district attorney. The application process involves an investigation into the applicant’s criminal history and whether they have taken measures to rehabilitate. The inspection will also consider the reasons for pursuing the pardon in the first place.

What Factors May Determine Whether an Applicant Obtains a Pardon?

Several factors may impact whether or not an individual receives a governor’s pardon. For instance, pardon grants to individuals convicted of less severe crimes are more likely to occur. Additionally, individuals who have served more time since their crime and have led lawful lives during that time have better odds of being granted a pardon. Conduct can also increase the likelihood of obtaining a pardon. Applicants with good conduct while incarcerated, living lawfully once released, and demonstrating progress in their rehabilitation will have stronger cases for seeking forgiveness.

Unfortunately, pardons are at the discretion of the Governor, leaving room for other, more informal factors to play a role. For instance, a Governor may consider the behavior of previously pardoned individuals when deciding whether to grant new ones. If someone who has received a pardon in the past commits a new crime, a Governor may be less inclined to grant additional pardons in the future. Additionally, some Governors may have campaigned on a platform of being aggressive on crime and may be less likely to grant pardons to avoid upsetting their constituents.

Hiring an attorney can significantly improve an applicant’s chances of obtaining a pardon. An attorney can help guide the applicant through the process, fill out the application correctly, and advocate compassionately for them.