Steps of the process
There are several steps before your case is voted on. The Board of Pardons follows this process to ensure fair and unbiased treatment of all applicants.
The steps include:
- Submit your application
- The Board of Pardons will review and process your application
- The Department of Corrections will investigate your case
- The Board of Pardons will complete a Merit Review to decide if you should receive a hearing
- The Board of Pardons will conduct a public hearing and vote on your case
- If your case is recommended, the Governor will make the final decision on whether you should be granted clemency
Each step of the process is outlined in detail below.
How long does the clemency process take?
The exact timeline varies. Applicants can expect to wait a few years for a decision to be made on their application. There are thousands of pending clemency applications. The Board is continually evaluating ways to speed the process.
Prepare your application
Your application for clemency requires personal details as well as information about the convictions you are requesting clemency for. While personal statements are optional, we encourage applicants to share their stories of why they are seeking clemency and how their life circumstances have changed since the offense.
For your application for clemency to be reviewed, you must submit all required court documents. Currently incarcerated applicants do not need to submit court documents. Once you have gathered your documents, it’s time to complete your application.
What documents are required?
- Criminal complaint
- Affidavit of probable cause
- Criminal information/indictment
- Final plea or verdict
- Sentencing order
- Documentation of your financial obligation status
Application review and processing
After your application is received, a letter will be sent to confirm the submission. If the information in your application is incomplete, it will not be considered until all requirements are fulfilled.
After your application is filed, you will receive a letter confirming this action and a copy of the application will be sent to the following entities for review:
- Department of Corrections: Investigates your case and conducts applicant interviews
- District Attorney and President Judge in the county where the crime(s) occurred: May provide opinion on the merits of the application
Investigations process
Staff from the Department of Corrections will investigate your case. This investigation includes a report of all criminal history and driving violations. They will also conduct a phone interview to provide the Board of Pardons with an update on your personal status.
Failure to make yourself available to parole staff or to provide the requested information, will result in your application being administratively withdrawn.
Merit review
The Board will review your application and information from the investigations process. After reviewing the files of each applicant, the Board will vote on whether you will be granted a hearing.
To be granted a hearing, you must receive approval from a specific number of Board members:
- General applicants: Two of five Board members
- Applicants with life sentences: Three of five Board members
- Applicants who are inmates serving time for violent crimes, attempted crimes of violence, offenses committed while in visible possession of a firearm, or any other offense resulting in death or serious bodily injury: Three of five Board members
If an applicant does not receive the required number of votes from the Board, they will not receive a hearing. This means that their application for clemency has been denied.
When are merit reviews and public hearings held?
The Board of Pardons posts hearing schedules publicly. You can watch a live stream on the day of the hearing.
Public hearing
Public hearings are virtual. Each applicant's case typically last less than 15 minutes on hearing day. This time will include questions to the applicant from the Board. Victims and the next of kin of victims, as well as the District Attorney, may also provide testimony on the merit of the application.
Board vote
The Board will vote on cases at the end of the public hearing session.
Case recommended
If a majority of the Board votes in favor of the application, the Board will recommend that clemency be granted by the Governor. For applicants with life sentences or death sentences, the Board must vote unanimously on your case to be recommended.
Case not recommended
If the Board denies your application, you can file a new application for clemency. If your circumstances have changed significantly, you may be able to offer information that will justify a reconsideration of the Board’s denial.
When will the Governor decide my case?
The Governor is not required to review clemency applications in a specific time frame. If the Governor reviews your case and grants clemency, you will receive a signed charter in the mail. If your application is denied, you will also be notified.
After clemency is granted
Pardons
A pardon is considered forgiveness for the crime committed. If the Governor grants you a pardon, the court and the State Police will be notified to expunge your record. Expungement allows you to select “no” on forms when asked if you have ever been arrested or convicted.
Commutations
Commutation is the reduction of a sentence. If the Governor grants commutation, those who are serving:
- A life sentence: will be released to life on parole
- An indeterminate sentence: will be immediately eligible for parole review
- Parole: will end their parole term