Pardons | Governor of California (2024)

People who have been convicted of a crime in California may apply for a pardon. The Governor of California cannot grant a pardon for a conviction from another state or a federal proceeding.

The Board of Parole Hearings, a division of the California Department of Corrections and Rehabilitation, investigates pardon applications. The investigation will include a review of the applicant’s criminal history records, court and police records, and the applicant’s prison record (or C-File), if any.

Pardon applicants will be notified if the Governor takes action on their application or if additional information is required to process their application. If your contact information changes after you apply for a pardon, please notify the Governor’s Office by email at pardons@gov.ca.gov.

Update regarding pardons and sex offense registration pursuant to Penal Code 290: The California Department of Justice will not terminate the requirement to register on the basis of a gubernatorial pardon unless it includes a finding of innocence. More information about petitioning for removal from the registry is available on the California Courts’ self-help website.

How we review applications

In deciding whether to grant a pardon, the Governor’s Office will carefully review each application and consider:

  • the impact of a pardon grant on the applicant’s family and community, including whether the grant is consistent with public safety and in the interests of justice and, if relevant, any extraordinary circ*mstances that justify restoration of firearm rights or a pardon in a sex offense case;
  • the age and circ*mstances of the offense and the age of the applicant at the time;
  • the applicant’s self-development and conduct since the offense, including whether the applicant has made use of available rehabilitative programs and has identified and addressed treatment needs; and
  • the applicant’s need for a pardon.

The Governor is not required to consider an application and there is no set timeline for review. There is no application fee and a lawyer is not required to apply for a pardon.

The Governor cannot grant pardons to applicants with more than one felony conviction without the approval of the California Supreme Court. The Governor’s Office requests this approval if needed.

See Also
Pardons

Applying for a pardon

There are two ways to apply for a pardon in California: by Certificate of Rehabilitation or a direct pardon.

By Certificate of Rehabilitation

One way to apply for a pardon is to first petition for and obtain a Certificate of Rehabilitation from the Superior Court in the county where the applicant currently resides or the county in which the applicant was convicted. When a court grants a petition for a Certificate of Rehabilitation, it becomes an automatic application for a pardon and the court is required to send the order to the Governor’s Office.

Applicants who are eligible for a Certificate of Rehabilitation are encouraged to use that path to file a pardon application. Visit the Judicial Council’s self-help website or contact the Public Defender’s Office in your county of residence for information on how to petition for a Certificate of Rehabilitation.

If a judge granted you a Certificate of Rehabilitation before January 2019 and you did not receive notice of a pardon grant, your application was closed. If you would like Governor Newsom to consider your Certificate of Rehabilitation pardon application, submit a completed Reapplication for Clemency Form (1 page) to the Governor’s Office by email to pardons@gov.ca.gov. If you do not have access to email you can send it by mail to Office of the Governor, Attn: Legal Affairs/Parole and Clemency, 1021 O Street, Suite 9000, Sacramento, CA 95814. The Governor’s Office cannot accept in-person delivery. Please do not send original documents because application materials cannot be returned.

California law requires Certificate of Rehabilitation applicants to provide notice to the Governor’s Office when they file their petition for Certificate of Rehabilitation in Superior Court. The Governor’s Office can accept copies of these notices only by email to pardons@gov.ca.gov, or mail to the Office of the Governor, Attn: Legal Affairs/Parole and Clemency, 1021 O Street, Suite 9000, Sacramento, CA 95814. The Governor’s Office cannot accept in-person delivery.

By direct request to the Governor

The second path to apply for a pardon is to submit an application for a direct pardon directly to the Governor’s Office.

You may apply for a direct pardon without a lawyer.

  1. Submit a completed Pardon Application (2 pages) to the Governor’s Office. You may but are not required to submit additional information or copies of relevant documents in support of your application, such as letters of support or certificates of achievement; and
  2. Submit a completed Notice of Intent to Apply for Clemency (1 page) to the district attorney(s) in the county or counties of the conviction(s) for the offense(s) for which you are requesting a pardon.

Send your completed application and any additional information or supporting documents to the Governor’s Office by email at pardons@gov.ca.gov. If you do not have access to email, you can send the documents by mail to the Office of the Governor, Attn: Legal Affairs/Parole and Clemency, 1021 O Street, Suite 9000, Sacramento, CA 95814. The Governor’s Office cannot accept in-person delivery. Please do not send original documents because application materials cannot be returned.

If you submitted a direct pardon application before January 2019 and you did not receive notice of a pardon grant, your application was closed. If you would like Governor Newsom to consider your request for pardon, submit a new direct pardon application.

Pardons | Governor of California (2024)

FAQs

How hard is it to get a pardon in California? ›

Pardons are very rarely granted. Applicants must demonstrate exemplary behavior following a conviction to be considered. Generally, you must be off probation or parole for at least 10 years with no further criminal activity to be considered.

How much does it cost to get a pardon in California? ›

There is no application fee and a lawyer is not required to apply for a pardon. The Governor cannot grant pardons to applicants with more than one felony conviction without the approval of the California Supreme Court. The Governor's Office requests this approval if needed.

Can a governor reduce a sentence? ›

Commutation of sentence: The Governor can reduce the sentence of an individual serving a sentence in a California prison. For the commutation application form and additional information, see Commutations.

Can a pardon be declined? ›

Acceptance by the recipient. In United States v. Wilson (1833), the U.S. Supreme Court held that a pardon can be rejected by the intended recipient and must be affirmatively accepted to be officially recognized by the courts. In that case, George Wilson was convicted of robbing the US Mail and was sentenced to death.

Does a California pardon restore gun rights? ›

Pardon from California Governor

There is only one relatively certain way to restore your federal gun rights: obtain a pardon. Pardons can be obtained from either the Governor of California or the President of the United States.

Has anyone rejected a pardon? ›

Wilson, however, refused the pardon. The Supreme Court was thus asked to rule on the case. The decision was that if the prisoner does not accept the pardon, it is not in effect: "A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance.

Is a pardon better than an expungement? ›

Pardons remove or decrease penalties. Expungement clears a charge from a criminal record. Pardons may cover any charge. Expungement only covers certain types of misdemeanors.

Does a pardon reverse a conviction? ›

Please also be aware that if you were to be granted a presidential pardon, the pardoned offense would not be removed from your criminal record. Instead, both the federal conviction as well as the pardon would both appear on your record.

How to write a letter to the governor for a pardon? ›

Clearly Stating the Request for Pardon

The request for pardon should be clearly stated in the body of the pardon letter. State the reason for the request and why it is warranted. Make sure to state the specific reason for the request and the length of time the person has served if they are currently incarcerated.

How can I reduce my sentence? ›

How To Reduce Your Criminal Sentence
  1. You can negotiate for lower criminal penalties during a plea negotiation.
  2. Your attorney can argue for a reduced sentence during the sentencing hearing.
  3. After conviction, you can file a motion to reconsider your sentence or get an early release with good behavior.
Dec 10, 2023

What is the difference between clemency and a pardon? ›

In the judicial system, the meaning of clemency generally refers to a decision by an authority to reduce the punishment. Clemency can take the form of a pardon, which completely absolves an individual of guilt, or a commutation, which reduces the sentence without forgiving the person convicted.

What is a sentence for pardoned? ›

Examples of pardoned

He immediately gave himself up and promised to name his accomplices and own up to all his crimes if pardoned. The persons pardoned will not be punished under the law. He was pardoned only after officially vowing to refrain from political commentary or activity.

What type of pardon Cannot be revoked? ›

Therefore, a commutation can be revoked after the expiration of the commuted sentence. However, it should be before expiration of the original sentence. Generally, a pardon obtained by fraud is void[vi]. An executive can grant a pardon for any reason, and the act is final and irrevocable.

Can you run for president if you're in jail? ›

Legally, Mr. Trump would remain eligible to be president even if he were imprisoned. The Constitution says nothing to the contrary. “I don't think that the framers ever thought we were going to be in this situation,” Professor Levinson said.

Do you have to admit guilt to be pardoned? ›

Although the Supreme Court's opinion stated that a pardon carries "an imputation of guilt and acceptance of a confession of it," this was part of the Court's dictum for the case. Whether the acceptance of a pardon constitutes an admission of guilt by the recipient is disputed.

How hard is it to get a federal pardon? ›

Five-year waiting period required

Under the Department's rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction.

How long does it take to get a US pardon? ›

The average processing time at the National Pardon Centre for a pardon is 8 – 12 months, start to finish. This includes the time it takes to complete the steps required to complete the government paperwork.

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