Felony Guide

Felony Conviction Pardon

Who grants pardons for felony convictions?
If you were convicted of a felony at the federal level you actually need a pardon from the President of the United States. If you were convicted at the state or county level you need a pardon from the Governor of your state.

The real challenge, though, is getting your pardon request to one of those levels. Governors and Presidents are really busy (surprise, surprise), so they have boards of people that review requests all day. Most requests are denied - you need to have a really good reason for requesting the pardon (also known as clemency in most places).

Where do you start?
First of all, you need to understand that a lot of inmates sitting in jail are sending pardon requests to the Governor (or the President, depending on their jurisdiction). If you just try to sit down and write a sob story explaining why you need clemency, you probably aren't going to get past the first gatekeeper.
So how do you make sure your pardon request is taken seriously? You will probably need a good attorney. Sure, they can help you draft your letter in a way that won't come off as whiny or desperate (which so many pardon requests are) and make it sound sincere, but more importantly, they will help you get it in front of the right people.

How to find the right attorney
In general, history is the best indicator of future performance. Obviously this isn't the case (if it were pardon requests would never be considered), but you should find an attorney who as at least had some success with getting ex-offenders pardoned. Ask potential defense attorneys about specific cases where they have actually seen pardons granted.

Don't be surprised if many (if not most) of the attorneys you talk to have never actually seen a pardon request approved - pardons are very, very rare. In fact, a lot of attorneys might tell you not even to bother with a submitting one, but if you feel like your situation justifies at least consideration from the executive office, you should be relentless in pursuit of the right person to represent you.

When are pardons usually granted?
Nobody will openly admit it, but usually felony convictions are pardoned for political reasons. If, for instance, you were involved in a controversial case that may help a future candidate in a bid for a position, you need to play that angle up to even have a chance of a pardon. It helps if you are a high profile person - either knowing the right people or being a whistleblower in a popular case will significantly increase your chances.

Alternative to pardon
If you can't get a full pardon, you may still be a candidate for expungement. Sometimes you crime is not expungable but the court will downgrade the crime from a felony to a misdemeanor. Again, talking to a good attorney will probably give you a better idea of realistic options in your situation - make sure that you are completely honest with your attorney about all of the details of your case - they can't help you unless they know all of the facts.

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I was arrested and charged 11 years ago for possession of an illegal access making device (a smart card programmer used for programming direct tv satellite cards to get all the chanels free).I plead guilty and got time served which was 2months. Is there anything I can do to get this off my record or even have the charges dismissed since the programming device I was charged for is still sold over the internet legally.

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harry
Tuesday, January 31, 2012

i was recently convicted of a felony and misdeameanor for drugs..It was an ex boyfriend of mine. he was driving my vehicle and was caught with drugs in my car. He did not admit to it si they charged me. I had a court appointed lawyer whom did nothing to help me at all.I had never been in any trouble before this happend and i was in college. I felt like i was forced to plea in court that day.not knowing what was going on amd what to expect..they gave me probabtion for two year..i feel so low now..why do they not help good people and instead turn them into criminals..?

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chimene heath
Saturday, January 21, 2012

Very disheartening reading all the comments here. I too have a felony record but until now it has not affected me. It was over 20 years ago and was nonsense at the time -- it was a child abuse charge made by a caseworker who did not know me, my child, friends, family, spouse, and no details were ever provided -- no what, when, where, just a random "something happened sometime, somewhare. Although everyone (except the caseworker) said it was not true, I eventually plea barganed to a lesser charge when I ran out of money to defend myself any further. Now it appears in my record.

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Dave
Friday, January 13, 2012

i got drugs at early age so i have done some things to suport my addicition ut i have been clean every sense 1996 i had a old warnt i took care of i been a manager of checkers restarant work there for 1996 to 2005 also manager anther rest. for 2 years now working for a none drug treatment program want to go to school for case mrg.

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thamarva hines
Wednesday, January 11, 2012

I'm a convicted fellon. My crime is breaking and entering and assault. Here's my question I served four years in the Marines, two years as a corrections officer, and most of my adult life as a sercurity officer. Febuary of 2011 I was diagnosed with Bi polar 2 disorders and emotional stress disorders, yet conviction was in 2008. I spent 8 months at Va getting help with my mental and physical issues. I'm currently taking meds for my mental issues and I have gone to treament programs at the Va. My phycirotist says that I've been bipolar all my life yet the Marine corps brought it to the for front. I'm currently under the of a phyke and probably will for the rest of my life. Is that a sound reason for a pardon cause I do believe that my mental state played a big part in it .

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Phillip
Tuesday, January 10, 2012

I'm an individual with a problem just like most of you all. I was convicted over 25 years ago have not been in any type of altercation with the law served my time and probation that was placed upon me. Been married to my wife over 11 years been with her over 20 years. Worked in my trade for over 33 years. Now the governments and insurance companies have said they won't allow companies with people that have bad back grounds to work. The president has issued a new policy E2E on hiring is this going to put us back to work. No ...... My felony is way over with and when I went to school the teache.

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Stephen T.Cox
Wednesday, January 4, 2012

Two year ago i had entered the guilty plea of the felony charge in the juvenile court. Though i haven't have to serve in jail, am i still considered a felon and subject to all the sequences that felons are suffering?. My lawyer said my case is not expungable but he can help to do the seal of my record. Would it make sensense to seal since in florida the guilty plea and conviction of felony will always stay in your record?

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Kevin Lam
Thursday, December 15, 2011

Yes you are still considered a felon and subjugated to the humiliation that other felons receive. Even though they make it sound like paradise a second chance isn't an easy task. So despite the fact that you can't have it expunged having the matter sealed is the next best thing. But the variation from state to state should be explored, for example after sealing are you still legally binded to inform potential employers that you are a felon? Ask your attorney for clarification on this matter. Good luck.

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WayneK
Sunday, December 25, 2011

I received clemency from the governor of my state. Somehow when I moved, the paper stating I had clemency was misplaced. How do I get a replacement letter?

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Jesenia A Mendez
Sunday, December 4, 2011

How did you get the clemency? Answer will dearly help thank you.

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Trent
Wednesday, December 21, 2011

My cousin got a Schedule I charge back in 2000 for a drug charge. She is wanting to get her record expunged or pardon since she has not received any other kind of charge since that time. She done her time and completed what the court asked of her at that time. So what does she need to do to go about having her record expunged?

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Julie
Sunday, November 20, 2011

i was convicted of a felony in 1994 or 95, i can't remember, it was for fruand of a irs check it did not go federal but it was tried in state court. i was convicted, i signed a check and put it my account for a so called freind, but it was stolen, i was given probation, and ordered to repay back this money, after 4 months i was told that i would not need to continue probation and my cast was discharged so i thought, but it is still on my record, i am 55 years old , i have not had any trouble , i work for the veterans hospital for the last 23 years as a nurse, would like to return to school with a clean record , any felony would not allow me to go to school, i would like to cont. to work with our veterans for as long as i can but i would like to have a clean or close record to cont. school, what can i do?

thank-you

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sharon stafford
Wednesday, November 9, 2011

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