In short, clemency is a privilege that is extended to a person that is convicted of a criminal offense that is able to either reduce, commute, or completely forgive the person that was convicted of the crime from that conviction. It is important to note that clemency may be extended to an individual that has been convicted of both federal and state crimes.
However, the rules for clemency and when it may be extended to a person will be dependent on either federal rules or the laws of the state in which they were convicted of the crime.
For example, if a person was convicted of a federal criminal charge, then the President of the United States may extend that person a Presidential pardon, a reprieve, or a commutation of their criminal sentence. Similarly, the Governor of a state also has the authority to extend clemency to individuals that have been convicted of state laws
In general there are five different forms of clemency:
- Pardon: A pardon is a form of clemency that completely forgives a person that has been convicted of a crime.
- Generally speaking a pardon is typically granted after a person has completed their sentence in order to restore certain rights to the individual, but pardons may also be granted before or during the criminal punishment phase;
- Commutation: A commutation is another form of clemency where a person’s criminal sentence is replaced with a less severe criminal sentence than the one that was originally imposed upon them;
- Reprieve: Reprieve is a form of clemency that grants a person that is convicted of a crime temporarily relief from the punishment that was imposed upon them;
- Remission: Remission is a form of clemency where an individual that was convicted of a crime has the court ordered fines that were imposed on them reduced or canceled;
- Amnesty: Amnesty is a form of clemency that is granted to a group or class of people.
- For instance, immigration amnesty is a form of clemency that refers to the practice of granting legal immigration status to persons who are currently in the United States illegally.
- Importantly, amnesty removes all aspects of the criminal offense and charges brought against the group of individuals.
As can be seen, the clemency process can differ based on the form of clemency that is being extended, as well as whether or not the person was convicted by state laws or federal laws.
Additionally, it is important to point out that clemency cannot be extended to a person until they have been convicted of a crime. Although it may seem obvious, a conviction is necessary before clemency may be extended to an individual, as there is no need for the act of clemency prior to a criminal conviction.
What Are the Requirements to Be Eligible for Clemency?
As mentioned above, one of the main requirements for clemency is that an individual has been convicted of a crime. If a person has not been convicted of a crime, then clemency is not available for that person. Further, the exact requirements for clemency will also be dependent on the laws of the state, or federal laws, in which the person was convicted of.
For example, in the state of North Carolina the governor may extend an unconditional pardon to a person that was previously convicted of a crime, as long as at least 5 years have passed since they completed their criminal sentence. In many states a person that is eligible for parole will not also be eligible for clemency. However, there are both state and federal laws that allow for commutation of a person’s sentence.
In general, any person who has been convicted of a crime and has maintained a good record can seek to receive clemency. The exact process for applying for clemency will once again depend on the type of clemency being sought by the convict, as well as the rules for that form of clemency in the state.
How Do I Apply for Clemency?
Once again, the exact steps for applying for clemency will depend upon the type of clemency that the convicted individual is seeking, along with whether or not their original charge was for a violation of state or federal laws. However, in general, the clemency process usually begins with submitting a petition of clemency to the appropriate official that is in charge of clemency decisions.
For example, in order to apply for clemency under state laws, a convicted person would apply for clemency by submitting a petition to the chief executive of the state, i.e the Governor. In order to apply for clemency under federal laws, a convicted person would apply for clemency by submitting a petition to the chief executive of the federal government, i.e the office of the President of the United States.
Then, after a petition of clemency is submitted to the appropriate chief executive, that office will review the petition and decide whether or not to grant the clemency being sought by the petitioner, or whether to deny the petition. Further, the office of the chief executive for purposes of clemency may also decide to grant a different form of clemency than what was originally applied for.
It is important to note that clemency is a very difficult form of post sentence relief to receive. There are not many instances of clemency that are granted, outside of the state laws that grant clemency pretty automatically to people who have completed their sentences in full and have remained in good standing in the community for a state period of time.
As such, enlisting the aid of clemency lawyers who have successfully navigated the application process for clemency relief is essential in order to better one’s chances at receiving clemency. Having the expertise of a clemency lawyer who has worked with the state government and federal government leaders in reaching clemency deals is paramount in order to be granted clemency, especially for a crime in which clemency isn’t automatically considered after a set period of time for state laws.
All in all, the general process for obtaining clemency, regardless of whether it be under state law or federal law, is:
- Submit a petition for clemency to the chief executive office who is in charge of deciding clemency matters.
- Importantly, the petition must be signed by the petitioner;
- Within the petition, state the reasons that the petitioner is seeking clemency, as well as whether or not they qualify for clemency under the current laws; and
- Additionally, it is important to include certified copies of the indictment, verdict, and judgment that was made in the criminal case in which the petitioner is seeking clemency along with the petition.
Do I Need an Attorney to Help Get Clemency?
If you have been convicted of a crime, and would like to petition a chief executive of the state or federal government for clemency, it is in your best interest to first consult with an experienced criminal attorney.
An experienced criminal law attorney will be able to help you determine if you qualify for clemency under state or federal law, as well as help you gather all of the documentation necessary to submit a petition for clemency. Finally, an experienced criminal lawyer will also be able to assist you in a court of law, if necessary.
