A governor’s pardon is an extremely important ordeal in the United States, where this vital act is only granted by an Executive of the government. Usually, this would imply the President of the United States when dealing with the Federal government. However, in the case of sex offenders, it relies solely on the Governor. Some people may think that a Governor’s pardon is much like an expungement, but this is not the case. When a crime is pardoned by the Governor, it still exists to public record and never fully gets “concealed” by public eye. However, in the case of an expungement, it is as if it no longer exists. Actually, an expungement is much easier to obtain than a pardon, which is still extremely difficult to obtain without going through a tedious process.
The Importance of the Governor’s Pardon to Sex Offenders
A Governor’s Pardon is one of the only few ways for a sex offender to be relieved from the lifetime requirement to register. Very few of the many registrants in California will be relieved from registration, and many of these same people have only committed a misdemeanor. If you choose not to receive a Governor’s pardon, one of the only other choices you have is for a Certificate of Rehabilitation. However, your chances may be slim because there have been very few cases where a Governor’s pardon has been granted in California. Very few people are actually eligible to apply and judges won’t always grant them even if someone is eligible.
There are two ways to receive a pardon, which include automatically being granted a Certificate of Rehabilitation, and being pardoned directly. Most people will go with the method that requires you to receive the Certificate of Rehabilitation from the Superior Court in the county where you reside. If you reside out of state, then you will be ineligible for this certificate. In this case, you have no choice but to use the direct pardon option.
What I Should Know About the Pardon
The pardon will reinstate some of your rights. If you are lucky enough to receive one, you will be permitted to serve on a jury if you were convicted of a felony, restore your right to bear a firearm, and become a probation officer at your discretion. However, there are some things that a Governor’s pardon does not do. This includes sealing or erasing your record of conviction, preventing the pardoned offense from being considered as a prior conviction, allowing you to report on an employment application that you don’t have a record, or preventing a deportation. Therefore, you will have to seek the guidance of a skilled attorney for that.
You may find that there are spectacular time limits on when you can receive a California pardon. It is a process that is both tedious and complex, and there is no way to handle it without the help of an attorney. The Governor has stated that they do not typically consider an application for a pardon until after 10 years unless there is a compelling reason to consider it sooner. Even so, you should have an attorney who can help you when you feel it is necessary to receive a pardon. Call us today at The Law Office of Peter Blair for more information on what steps you can take.