What is the process for getting a pardon?
How you go about getting a pardon depends on the type of pardon you are seeking.
- Pardon with Certificate of Rehabilitation: You DO NOT have to do anything once you have your Certificate of Rehabilitation! When the judge grants your COR, he will also send a copy of your COR directly to the Governor’s Office. This will serve as your automatic application for a pardon AND as an official recommendation from the judge that the Governor should grant your pardon. You will not need to do anything else to apply.[3189] Once the Governor receives a copy of your COR, s/he can do any of the following:
- Grant your pardon immediately (if you have no more than 1 felony conviction);[3190]
- Do an investigation and review your case to decide whether to grant your pardon; OR
- Ask the Board of Parole Hearings (BPH) to investigate your case and make a recommendation about whether you should receive a pardon (see below under “Traditional or Direct Pardon”).[3191]
- Direct Pardon (without COR): You need to complete a formal application for a pardon –called an “Application for Gubernatorial Pardon.” If you are not eligible for a Certificate of Rehabilitation, or if any of the following apply to you, this is the only way to apply for a pardon from the Governor:
- Your conviction is from California but you do NOT currently live in California;
- You were released from prison or onto parole before May 13, 1943; OR
- You are serving a life sentencing without the possibility of parole, and you have 2 or more felony convictions.[3192]
For instructions on how to complete a formal application for a traditional or direct pardon, see APPENDIX Y, on PG. 1059.
- BPH-Recommended Pardon: You cannot apply for a BPH-recommended pardon yourself—the BPH must recommend you to the Governor on its own.[3193] However, you may be able to show the BPH that you deserve to be recommended for a pardon. If you have a BPH hearing, it’s recommended that you bring evidence (such as documents, certificates, or letters) showing:
- That you were a victim of domestic violence and it led to your offense;
- Your extraordinarily good conduct or amazing accomplishments while incarcerated; or
- Other special and unusual circumstances surrounding your conviction or sentence.