Governor's Pardon in Arizona

Tucson Criminal Defense Lawyer

What a Governor’s Pardon in Arizona?
A pardon is forgiveness by the governor for a crime committed. A person who is pardoned cannot be further punished for the forgiven offense and should not be penalized for having a record of the offense.  This can apply to a person who is presently still serving a sentence of confinement or supervision, or to a person who has completed their sentence but still suffers the effects of a criminal conviction on their record.

Power of Governor to grant pardon
Arizona Constitution Article 5 Section 5 - Reprieves, commutations and pardons - The governor shall have power to grant reprieves, commutation, and pardons, after convictions, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as may be provided by law.

Who is Eligible for a Pardon?
Anyone convicted of a felony in the State of Arizona can apply for a pardon. The conviction for which the pardon is being applied for must be specifically stated.  If the applicant is currently incarcerated within the Arizona Department of Corrections, he/she should determine if they are statutorily eligible to apply for a pardon.  As referenced in the Arizona Constitution above, the only crimes for which a pardon is legally unavailable are treason and impeachment. 

What is the role of Board of Executive Clemency?
The Board of Executive Clemency (hereafter "the Board" is constituted under A.R.S. § 31-402
The Board of Executive Clemency shall have exclusive power to pass on and recommend reprieves, commutations, paroles and pardons.  No reprieve, commutation or pardon may be granted by the governor unless it has first been recommended by the board.

What the Board Considers in Reviewing a Pardon Application?
Upon application received by the Board of Executive Clemency, they would consider some factors before making a recommendation to the governor, these factors are:

• Reasons for pardon
• Nature of the offense
• Amount of time that has passed since completing the sentence
• Applicant’s overall criminal history and any subsequent arrests
• Whether the sentencing court granted a “Conviction Set-Aside and/or
  Restoration of Civil Rights
• Your rehabilitation efforts while incarcerated and/or following your
  release
• Whether the applicant is delinquent on any outstanding fees, restitution
  and/or other obligations, i.e. traffic tickets, child support payments
• Your disciplinary record during your incarceration as well as any
  probation / parole supervision period
• Community contributions since release from sentence
• Reference letters submitted in support of application.

Application by the Board of Executive clemency
The pardon application is to be filed under ARS Section 31-441 and Section 31- 442 by the Board of Executive Clemency to the Governor.  Only the Governor can grant a pardon, but first it must be reviewed and recommended to the Governor by the Board of Executive Clemency.  The Board has the exclusive authority to hear the individual requesting the pardon.

Effect of Governor’s Pardon

• A pardon reaches both the punishment prescribed for the Offense and the guilt of the offender.
• It releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.
• It removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him a new credit and capacity.

Pardons are not easy to achieve, but are much more widely available, and offer greater relief than the other avenues available to Arizonans who wish to clean up their records.  While many convicted of nonviolent crimes can petition the court for a set aside, this relief is not available to many offenders, and does not provide the same depth of assistance to a person who has served their time and wishes to move on with their lives.

More about other means of cleaning up your record in Arizona

If you or a loved one has been convicted of a felony offense, whether still serving time, or to help clean up an old conviction, contact the Tucson Defenders today for a free consultation to see if a pardon might be something worth trying for in your case.  520-585-5757.

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