A pardon involves seeking post-judicial relief from the Executive branch. First, the application is submitted to the Post Prison Transfer Board. The Board will review the application and make a recommendation to the Governor on the application. The recommendation will be either “with merit” or “without merit”. This is ONLY a recommendation. It is not a final decision. The final decision is up to the Governor. After the Board makes its recommendation, the application is sent to the Governor. Once the Governor receives the application she has 240 days to make a final decision.
The clemency process is a lengthy one
Those petitioning for clemency and seeking a pardon generally have a serious state conviction on their record.
Someone currently in state custody and anyone with a conviction on their record can potentially apply for clemency, but they will generally need to be patient. The Governor has the authority to grant a reprieve, commute a sentence or outright pardon someone for a prior criminal conviction. It can take a while to obtain a review by the Governor.
A person will submit an application for clemency to the Post Prison Transfer Board. The Boad will make a recommendation to the Governor. After the recommendation is made, the application is sent to the Governor. When the Governor intends to grant clemency, they must publish notice of that fact and allow for public comment over a 30-day period. This is called a Notice of Intent to Grant Clemency.
Seeking a pardon or clemency from the Governor requires careful preparation. Securing appropriate legal support can increase someone’s chances of obtaining justice after an inappropriate criminal conviction.