Governor's Pardons

In California, the power of the governor to grant pardons is a significant aspect of the state's criminal justice system. A gubernatorial pardon is an official forgiveness for a crime and can offer a person relief from certain consequences of a conviction allowing rehabilitated criminal offenders to regain various civil rights denied to convicted felons.

Here’s a comprehensive summary of how governor’s pardons work in California and the reasons why they are granted.
Authority and Process:
The authority for granting pardons in California is vested solely in the governor, as outlined in the state constitution. This power allows the governor to grant clemency in the form of pardons, commutations, and reprieves. A pardon specifically forgives a person for a crime, effectively restoring some of the individual’s rights lost as a result of the conviction.
The process for seeking a gubernatorial pardon is governed by Penal Code section 4852.01, and begins with an application submitted to the California Governor's Office by way of a Certificate of Rehabilitation being requested through the county in which the defendant currently resides. The application typically requires detailed information about the applicant's criminal history, personal background, and reasons for seeking a pardon. It may also include letters of recommendation and evidence of rehabilitation since the conviction. 
Once an application is received, it undergoes thorough review by the Governor's Office, often involving consultation with the California Department of Corrections and Rehabilitation (CDCR), the courts, and sometimes with prosecutors or other relevant parties. The governor has the discretion to approve or deny each application based on their assessment of factors such as the applicant's conduct post-conviction, their rehabilitation efforts, and the severity and circumstances of the original offense.
Criteria for Granting Pardons:
Governors in California consider various factors when deciding whether to grant a pardon. These factors typically include:

1. Rehabilitation: The primary consideration is whether the applicant has demonstrated rehabilitation since the conviction. This may include obtaining further education or employment, participating in community service, and maintaining a clean record.
   
2. Time Passed Since Conviction: The length of time that has passed since the conviction and completion of any sentence is also a significant factor, with the minimum period being seven years. A longer period without further criminal activity generally strengthens the case for a pardon.
   
3. Character References: Letters of recommendation from individuals who can attest to the applicant’s character, accomplishments, and contributions to the community are often submitted to support the application.
   
4. Remorse and Acceptance of Responsibility: Evidence that the applicant accepts responsibility for the crime and shows genuine remorse for their actions can positively influence the decision.
   
5. Impact on the Applicant: The potential benefits of a pardon to the applicant, such as improved employment prospects, the restoration of voting rights, and the removal of immigration barriers, are also considered.
   
6. Interest of Justice: In some cases, the governor may consider whether granting a pardon serves the broader interests of justice, particularly when there are compelling reasons related to the circumstances of the conviction or subsequent developments in the law.
   

Types of Pardons:
In California, there are two main types of pardons that the governor can grant:

1. Full Pardon: A full pardon is the complete forgiveness for a crime and typically restores all rights lost as a result of the conviction. This includes the right to serve on a jury, own firearms (if the underlying offense involved firearm restrictions), and certain employment opportunities.
   
2. Conditional Pardon: A conditional pardon may be granted with specific conditions attached, such as ongoing supervision or participation in rehabilitation programs. Conditional pardons are less common than full pardons but allow the governor to tailor the relief to the circumstances of the case.
   

Impact and Importance:
The granting of a gubernatorial pardon can have significant implications for individuals who have been convicted of crimes in California. Beyond the restoration of civil rights, such as voting and firearm ownership, a pardon can also enhance employment opportunities by removing certain barriers to licensing and professional certification.
Moreover, a pardon can provide emotional closure and a sense of redemption for individuals who have successfully rehabilitated themselves following a conviction. It acknowledges their efforts to reintegrate into society as law-abiding citizens and can mitigate the stigma associated with a criminal record.
Conclusion:
In summary, the process and rationale for granting governor’s pardons in California revolve around the principles of rehabilitation, justice, and the potential for positive contributions to society. While each case is evaluated on its own merits, the overarching goal is to provide deserving individuals with a second chance and to recognize their efforts to reform and rebuild their lives post-conviction. Governor’s pardons thus serve as a crucial mechanism within the state’s criminal justice system, balancing accountability with the opportunity for redemption and a fresh start.