How to Apply for a Pardon

A pardon refers to the act of a head of state, such as a governor or the President in the U.S., excusing a crime that was committed. When one is granted, it treats the matter as if the crime never happened, and, consequently, certain rights that were lost as a result of the conviction are restored. However, a pardon does not remove the matter from public record; in fact, the pardon itself will also become a matter of public record.

The intended effect of a pardon is to restore a rehabilitated person to their original status before the crime happened, through restoring rights and removing some of the negativity involved with the crime.
This differs from clemency, which only forgives the sentence imposed without forgiving the original crime, and expungement, which removes the conviction from public record (except in rare situations where the information is deemed necessary for certain types of new criminal matters) but can also be granted after a sentence has been served.

Pardons are a rare occurrence, but when the situation is appropriate and all other options have been exhausted, it can never hurt to try. If you are looking to have your crime and your sentence commuted, here's how to apply for a pardon:

Instructions

1. 

   Review Your State's Eligibility Requirements for Applying

   While each state has their own set of requirements, in general, the requirements are the same. The major difference between crime eligibilities regards sex crimes; some states do make eligible some or all crimes of a sexually nature, while other states do not.

   The most basic requirements to apply for a pardon in most states are:

   Completion of any term of imprisonment;
   Completion of some form of rehabilitation program with certification of such;
   Passing of a specified amount of time before applying, generally, 2 to 5 years, varying depending on the crime;
   Not be on life parole;
   Not be on death row;
   Not be a military serviceman convicted by court-martial.

   Additional requirements may be imposed by your state, so contact your state governor's office for a complete list. You may also be able to find the information on your state's official website.

2. 

   Gather Documents Needed for Your Application for Pardon

   When you apply for a pardon, you will also need to prepare and attach certain documents to your application. Again, the required documents may vary state to state, and depending on the crime committed. The documents you need to apply should be listed along with your state's requirements for applying.

   Typical documents needed for your application include:

   Letters of recommendation - generally 2 to 3 - from friends and community members, fellow inmates, prison guards, and individuals with whom you worked with for rehabilitation, community service, or other programs during your sentence. While letters from family members will not be accepted for recommendation purposes, they may be accepted as part of your application for character purposes.
   A certified copy of your criminal history. This can be requested from the Sheriff's Department in the county in which you reside.
   A certified copy of your complete arrest record, along with every corresponding offense report.
   A certified copy of your indictment, judgment, and sentencing/dismissal information for the conviction that you are applying to have pardoned. This can be requested from the court where your case was tried.

   Organize the documents according to your state's guidelines for pardon applications. If there are no guidelines, then organize documents in separate folders, and organize the folders in date order. Place the folders in a large accordion folder, or something similar, so that those who review your application can quickly and easily find the documents they need to review.

3. 

   Write Your Letter to Apply for a Pardon

   Once you have the necessary documents, it is time to write your pardon letter. For step-by-step instructions on how to write a pardon letter, check out the article below:

   http://www.ehow.com/how_5034976_write-pardon-letter.html

4. 

   Put Your Package Together for Mailing

   Now that your letter has been written and your documents are in order, it is time to send in your application. The address to mail your application should be listed on the pardon guidelines; if not, you can contact the governor's office and ask for the address where the application should be sent.

   Before sending your application in, make two copies of every single document, including your pardon letter. If your package is lost in the mail for any reason, you will have a back-up to send in - or, if the office requires original documents instead of copies, it will make it much easier for you to track down the documents you need and organize them. The second copy should be kept for your records, and you should bring this with you if you are granted a pardon hearing to allow you to refer to specific documents or offer documents as exhibits during the hearing.

   To ensure the package is received by its intended recipient, send it using USPS certified mail along with signature confirmation, tracking, and delivery confirmation, unless the pardon application guidelines require it to be mailed using a different method. While certified mail can be pricey, especially for a package with a large amount of documents, it may be useful later on to prove your application was both sent and received if this is later disputed, and you will be able to track who signed for the package.

Tips & Warnings

• Applying for a federal, or presidential, pardon is a different procedure. Federal pardons are addressed to the President of the United States, who then either grants or denies the request. For more information on how to apply for a presidential pardon, read the article at the link below: