Clemency is mercy granted by the governor or president that lessens or wipes out a criminal punishment. It can take the form of a pardon (forgiving the conviction), a commutation (reducing the sentence), or a reprieve (a temporary delay).
How Clemency Works in California
California clemency is governed by Article V, Section 8 of the California Constitution and Penal Code §§ 4800 through 4813. The Governor reviews applications, and for anyone with two or more felony convictions, a majority recommendation from the California Supreme Court is required. The process typically involves submitting an application through the Governor’s Office, undergoing a background investigation, and demonstrating substantial evidence of rehabilitation.
Related Legal Terms
Clemency relates closely to expungement, the certificate of rehabilitation, and post-conviction relief options like habeas corpus, all of which can intersect with our criminal defense practice for clients seeking to clear their records.
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