Direct Application for Pardon

Clearing up a California criminal record can have an enormously beneficial effect on opportunities for employment, housing, education, and perhaps most importantly, peace of mind. There are many ways to go about obtaining post-conviction relief, including expungement, Certificates of Rehabilitation, and a direct application for pardon.

A direct application for pardon differs from a California Certificate of Rehabilitation in that an application for pardon is made directly to the governor rather than through the trial court that convicted the individual. A direct application for pardon is often a viable alternative for individuals who are ineligible for Certificates of Rehabilitation, such as non-residents. The experienced post-conviction relief lawyers of The Kavinoky Law Firm will thoroughly evaluate each case to determine the best way to go about clearing a criminal record and helping the individual to make a fresh start.

Direct applications for pardon are typically made by individuals with California felony convictions who are living out-of-state, and individuals convicted of certain sex crimes, including California Penal Code sections 286(c), 288, 288a(c), 288.5, and 289(j), who are ineligible for expungement or other forms of post-conviction relief. Individuals convicted of misdemeanor offenses such as drunk driving should consider another option, such as expungement.

An application for pardon is made directly to the governor’s office and must include the following information: The name of the applicant, including any aliases; why a pardon is needed; date of conviction; county and case number of conviction; prison number; name of parole agent; current address and telephone number, the dates and circumstances of all felony offenses; the dates the individual entered prison and was released; and a brief statement of employment and activities since release from custody.

This last aspect of the pardon application is perhaps the most important – the governor doesn’t grant every pardon application, so the individual must show that he or she has led an exemplary life since being convicted. If the governor’s legal staff recommends consideration of the application, the individual will receive an Application for Executive Clemency and Notice of Intention to Apply for Executive Clemency. Once the formal application has been filed, it will be reviewed by the Board of Prison Terms on the governor’s behalf.

A California direct application for pardon is a complex process, and the procedures must be followed exactly to increase the chances of success. The skilled attorneys of The Kavinoky Law Firm are experienced in every aspect of post-conviction relief, including direct applications for pardon. Contact them today for a free consultation.