What is clemency?

After all other appellate measures have been exhausted, applying for clemency may be an option for someone seeking post-conviction relief in post-conviction relief in California. When doing so, the convicted offender makes a petition made to either the Governor, for state crimes, or the President, for federal offenses, to ask for full or partial forgiveness for their crimes.

There are five types of clemency petitions: pardons, commutations of sentences, reprieves, and restoration of civil rights.

  1. What is clemency?
  2. What is the procedure for applying for clemency in California?
  3. What happens once a petition for clemency is submitted?
  4. When is clemency granted?

What is the procedure for applying for clemency in California?

To apply for clemency in California, the applicant must:

  1. Notify the District Attorney (D.A.) of the county in which the offender was charged and sign an affidavit declaring that they did so.
  2. Complete and send a signed application of clemency to the Governor.
  1. What is clemency?
  2. What is the procedure for applying for clemency in California?
  3. What happens once a petition for clemency is submitted?
  4. When is clemency granted?

What happens once a petition for clemency is submitted?

The Governor reserves the right to not even consider an application for clemency; however, if they decide to act upon the request, they will likely refer the application to the Board of Parole Hearings (BPH). The BPH is responsible for investigating the circumstances of the request and recommending the best course of action.

Furthermore, it is important to note that in cases where the applicant has two or more prior felony convictions, the Governor must receive support from a majority of the California Supreme Court before granting clemency.

  1. What is clemency?
  2. What is the procedure for applying for clemency in California?
  3. What happens once a petition for clemency is submitted?
  4. When is clemency granted?

When is clemency granted?

Upon receiving a request for clemency, a variety of factors are considered, including: