What form do I use to request a pardon from the Board of Paroles?

Full question:

What form do I use to request a pardon from the Board of Paroles?

  • Category: Criminal
  • Subcategory: Expungement of Criminal Records
  • Date:
  • State: California

Answer:

The petition for Certificate of Rehabilitation must be filed in the superior court of the applicant's current county of residence. (Penal Code sec. 4852.06.) The Petition for Certificate of Rehabilitation can usually be obtained from the court clerk, probation department, or public defender's office. The petitioner is required to notify the district attorney in their county of residence and the district attorney of each county in which the petitioner was convicted of a felony. The notice must identify all crimes for which the person is requesting a Certificate of Rehabilitation. The form for sending these notices can also be obtained from the court clerk, probation department, or public defender.

The traditional pardon procedure is available to those who are not eligible for a Certificate of Rehabilitation. This procedure is used primarily by those who were convicted of felonies in California and now reside outside the state. The traditional pardon procedure is also available to individuals who are not eligible for a Certificate of Rehabilitation because they have been convicted of sex offenses under Penal Code sections 286(c), 288, 288a(c), 288.5, or 289(j), and those convicted of misdemeanor offenses. The traditional pardon procedure is covered by Penal Code sections 4800-4813.

Applicants for a traditional pardon must write directly to the Governor's Office to request an application at the following address:

Governor's Office

State Capitol

Attention: Legal Affairs Secretary

Sacramento, CA 95814

The applicant should complete the Application for Clemency and return it to the Governor's Office. In addition, the applicant must send Notice of Intention to Apply for a Traditional Pardon to the District Attorney of each county in which the applicant was convicted of a felony.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The third form of pardon typically refers to the 'Governor's Pardon' in many states, which is granted at the discretion of the governor. This type of pardon can restore rights lost due to a felony conviction. However, the specific terminology and types of pardons can vary by state, so it's essential to check the regulations in your state for precise definitions and processes.