Direct Application for Pardon in the State of California can be tricky. Let us clear it up for you!
Criminal Record and an Application for Pardon
Clearing up a California criminal record can have an enormously positive effect on one’s life. Such opportunities include employment, housing, education, and overall peace of mind. There are many ways to go about obtaining post-conviction relief. These include expungement, Certificates of Rehabilitation, and a direct application for pardon.
A direct application for pardon is not the same as a California Certificate of Rehabilitation. As a matter of fact, the application goes directly to the governor. Rather than traipsing through trial court, the individual has a direct path to seek renewal.
A direct application for pardon is often a viable alternative for individuals who are ineligible for Certificates of Rehabilitation. These such people include non-residents. The experienced post-conviction relief lawyers of The Kavinoky Law Firm thoroughly evaluate each case. Through this we determine the best way to clear a criminal record. Whatever you do, it is possible to make a fresh start.
Applicable Offenses
Direct applications for pardon generally come from those with California felony convictions. These individuals are likely living out-of-state, or individuals convicted of certain sex crimes. Such applicable crimes include California Penal Code sections 286(c), 288, 288a(c), 288.5, and 289(j). Those with these crimes on record are ineligible for expungement or other forms of post-conviction relief. Individuals with misdemeanor offenses such as drunk driving should consider another option, such as expungement.
Moreover, an application for pardon is made directly to the governor’s office and must include the following information:
- The name of the applicant, including any aliases;
- Explain need for a pardon;
- Date of conviction;
- County and case number of conviction;
- Prison number;
- Name of parole agent;
- Current address and telephone number,
- Dates and circumstances of all felony offenses;
- Dates the individual entered prison and was released; and finally,
- A brief statement of employment and activities since release from custody.
This last aspect of the pardon application is perhaps the most important. The governor doesn’t grant every pardon application. Therefore, the individual must show that he or she leads an exemplary life post-conviction.
Generally speaking, if all goes well, then the process runs smoothly after the first few steps. By the same token, if the governor’s legal staff recommends consideration of the application, the individual will receive an Application for Executive Clemency and Notice of Intention to Apply for Executive Clemency. Once the formal application is filed, it is reviewed by the Board of Prison Terms on the governor’s behalf.
File the Application with Support
A California direct application for pardon is a complex process. Not to mention, the procedures must be followed exactly to increase the chances of success. The skilled attorneys of The Kavinoky Law Firm are some of the best criminal defense attorneys in Los Angeles. If you want to seek release from a criminal conviction, you need a crime attorney who knows every aspect of post-conviction relief.
Call 1.800NoCuffs for a free consultation.
