This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Michigan USLegal Pamphlet on Pardons or Clemency
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FAQ
A pardon erases a conviction and the associated penalty from an individual's record, so it is as if that person had never committed the offense. Setting Aside a Conviction ? This is sometimes called an ?expungement? and is different than a pardon.
The Governor's executive clemency authority is derived from Section 14 of Article V of the Michigan Constitution of 1963, which states that the Governor shall have power to grant reprieves, commutations, and pardons after convictions for all offenses, except cases of impeachment, upon such conditions and limitations as ...
Commutation of Sentence ? The Governor uses his or her executive clemency powers to reduce a criminal sentence. This is not the same as a pardon, which wipes out the conviction.
A pardon does not seal the individual's criminal record or expunge the record of conviction, and the pardon is itself a public record. When a pardon is granted, the California Department of Justice and the Federal Bureau of Investigation are notified so that they may update their records on the applicant.
A pardon and a commutation result in a reduction of punishment, but there is a distinction between the two. The difference between pardon and commutation is that a pardon relieves an individual of all guilt for the crime committed, while a commutation reduces the sentence without exonerating the person.
Clemency is a general term used for the act of reducing the penalties of a crime, similar to a commutation. Also, pardons are actually considered a form of clemency. If you receive a pardon, you are always receiving clemency, but if you receive clemency, you are not always receiving a pardon.
In ance with Administrative Rule 791.7760(2), the Board will accept an application only one time every two years. The Governor's Office will notify the applicant once a final decision has been made. 1. A pardon or a commutation of sentence is a matter of clemency ? it is not a right.
If the Parole Board finds that the application for a felony pardon from the governor has merit, it must conduct a public hearing within 90 days. The parole board must hold a public hearing before a formal recommendation is transmitted to the governor.