FAQ: PARDONS & COMMUTATIONS IN OKLAHOMA

If you or a loved one have been convicted of a crime in Oklahoma, you may be wondering about your options for reducing your sentence or clearing your criminal record. The process of seeking a pardon or commutation can be complex and intimidating, and you likely have many questions about eligibility, the application process, and how a pardon or commutation could impact your future.

Our team of Fierce Advocates® at Cannon & Associates has created the following list of the most common questions we are often asked by individuals seeking to apply for a pardon or commutation in Oklahoma. Below, we’ve answered these questions to provide clarity and help guide you through the process, assisting you in navigating these complex legal procedures.

PARDON & PAROLE IN OKLAHOMA 

FREQUENTLY ASKED QUESTIONS (FAQ)

2. Does a pardon automatically expunge my criminal record?

A pardon does not expunge or remove your criminal record but may provide a declaration of forgiveness. If you need your record removed entirely, an expungement may be necessary. Cannon & Associates can guide you through the steps to apply for expungement, if applicable.

3. Can I apply for both a pardon and commutation at the same time?

Yes, you can apply for both at the same time if you meet the requirements for each. Cannon & Associates can advise you on the best strategy to pursue both options simultaneously. Our Oklahoma Pardon and Commutation Attorneys can assist you in evaluating your options and deciding on the best course of action for your case.

4. What documents are required when applying for a pardon or commutation?

Documents typically required include your criminal history, case details, and identification. You may also need to provide letters of recommendation or evidence of rehabilitation. Cannon & Associates can assist in gathering and organizing the necessary documents for your application.

5. Can someone else fill out the application for me?

Yes, someone else can complete the application on your behalf, but the applicant must sign it to certify that all the information provided is accurate and true.

6. Can a pardon or commutation be revoked?

Yes, a pardon or commutation can be revoked if the individual violates the terms of their sentence or is convicted of a new crime. Cannon & Associates can help protect your pardon or commutation by ensuring compliance with the terms.

7. Do I need legal representation for the pardon or commutation process?

No, but the investment of working with an experienced Oklahoma pardon attorney or commutation attorney is worth the assistance they can provide you. Our team at Cannon & Associates can help you throughout the process. Our attorneys can assist in preparing a strong application, ensure all procedural requirements are met, and effectively advocate during hearings, where applicable. Legal representation does increase the likelihood of a favorable outcome.

8. Am I eligible for a pardon?

Eligibility for a pardon depends on the type of conviction, the amount of time passed since your conviction, and whether you’ve complied with any court-ordered penalties. Your Oklahoma Pardon Attorneys at Cannon & Associates can help evaluate your eligibility and guide you through the process.

9. What rights are restored when I receive a pardon?

A pardon may restore rights such as the ability to vote, serve on a jury, and possess firearms, depending on the offense. An Oklahoma Pardon defense attorney can assist you in understanding your options and the process to seek restoration of your rights.

10. How do I obtain a pardon application?

You can download and print the pardon application directly from the Oklahoma Pardon and Parole Board’s website, or you can pick up a physical copy at their administrative office. The online application also provides a Pardon Application Checklist, which outlines the requirements for completing your application. Additionally, you can access the Pardon Application and Instructions on the Board’s website to ensure you follow all necessary procedures and include the required documentation. Our attorneys at Cannon & Associates will do everything necessary for your Pardon application, if we are the right fit to assist you.

11. Is there a deadline or fee to apply for a pardon?

No, there is no set deadline for submitting a pardon application. Applications are date-stamped upon receipt and are reviewed in the order they are received, on a first-come, first-served basis. There is also no fee required to apply for a pardon. Working with an experienced Oklahoma Pardon Attorney can certainly increase your chances for success in your pardon application.

12. How long does it take for my pardon application to be processed?

On average, it takes about six to twelve months to process a pardon application. The pardon process can be lengthy because it involves several steps to verify all information. After a completed application is submitted, a background check (NICS/OSBI report) is requested. Then, a pre-pardon investigation is conducted, which can take up to seventy (70) days. Once the investigation is complete, the application is reviewed by the Pardon and Parole Board, which meets only once a month. Finally, if the Board recommends the pardon, the Governor has ninety (90) days to make a decision.

13. Can a pardon be expedited?

No, there is no way to expedite the pardon application process. However, in working with our experienced Oklahoma Pardon Attorneys we can ensure no time is wasted in the process by working with our existing procedures to submit your pardon application as quickly as possible.

14. Will I receive a letter confirming that my pardon application was received?

All notifications will be sent electronically. You will receive updates from the Pardon and Parole Board on the following:

• If any documentation is missing from your application
• When your application moves forward to the pre-pardon investigation
• When your application is scheduled for a hearing
• If your application is sent to the Governor
• When the Governor makes a final decision, either granting or denying your pardon

15. Where can I get a certified copy of the Judgment and Sentence for a pardon application?

Certified copies of the Judgment and Sentence can be obtained from the Court Clerk in the county where the conviction occurred. Failing to include this document could lead to the denial of your application. Our team of Oklahoma Pardon Attorneys will obtain the necessary certified judgment and Sentence from the Court for you and ensure all the necessary documents are in order, if you decide to work with us.

16. Is a letter sufficient for proof of employment for a pardon application?

No, a letter from an employer is not sufficient. Acceptable proof includes a current pay stub, benefits statement, tax return, unemployment benefits, or SSI statement. Failure to provide this information may cause delays or result in the denial of your application. If you need assistance with your application or documentation required, our team of Pardon and Parole Attorneys will help you get everything you need for your application.

17. What if I am not employed when applying for a pardon?

If you are not employed, provide proof of your unemployment status, such as an SSI award notice, a retirement award, a bank statement showing monthly deposits, or a tax document showing income from a business you own. If you have no income, you should state that clearly in your application. Missing this information may delay the processing of your application or lead to its denial.

18. What is needed for proof of residence for a pardon application?

Acceptable proof of residence includes a mortgage statement, certified rental receipt, lease agreement, or a signed statement from someone you live with confirming they pay the rent or mortgage. Proof of residence must be dated within sixty (60) days of your application submission. Utility or cable bills are not accepted. Omitting this information may delay processing or result in the denial of your application.

19. What is a character affidavit and who is eligible to complete it for a pardon application?

A character affidavit is a sworn statement made by an individual (the affiant) attesting to certain facts they know to be true. The affidavit typically includes a brief summary of those facts and must be signed by the affiant. Character affidavits must also be notarized by a notary public. Providing a character affidavit is optional; however, we believe it is a powerful tool and our pardon team can assist you in obtaining the affidavit and our notaries can notarize it for you!

20. What if I don’t have anyone who can complete a character affidavit for a pardon? What if the only people available are my family/relatives?

Character affidavits can be completed by friends, co-workers, former employers, neighbors, or anyone who can speak to your character. If the only people available are family members, they are still allowed to complete and submit an affidavit. All character affidavits must be notarized, but don’t worry we have notaries in our office that can take care of this requirement for you.

21. When will my pardon application be placed on a docket?

Once the Pre-Pardon Investigator Report is received, your application will be scheduled for the next available docket for the Pardon and Parole Board to review and consider. You will have the opportunity to present your case before the Board. We have found that this presentation can be very persuasive. Having your application presented by an experienced criminal defense attorney and addressing the specific questions of the Pardon and Parole Board is a powerful step in your effort to be awarded a Pardon.

22. How will I be notified about my pardon board review?

You will receive a letter 21 days prior to the scheduled hearing, which will include the date, time, and location of the meeting. When working with our team of Pardon and Parol Attorneys in Oklahoma, we will keep you informed every step of the way and be there with you at your hearing.

23. Do I have to attend the pardon board meeting?

No, attending the meeting is not required to receive a pardon, although it is strongly encouraged – plus we will go with you.

24. What does the Board consider and what are my chances of receiving a pardon?

The administrative staff cannot predict your chances of success. The Board members take into account various factors, such as the nature of the crime, the time elapsed since the offense, and your actions since then, among other considerations. There is no required minimum time after the discharge of a sentence before one can apply for a pardon. However, it’s important to note that the law allows certain past offenses to be used to enhance future crimes for up to ten (10) years after the sentence or court-imposed probation has been completed. A pardon is considered a privilege, not a right, and a Board member may vote for or against granting a pardon regardless of how much time has passed.

25. How often does the Pardon and Parole Board meet?

The Board meets once a month, and the meeting dates are available on their website.

26. What happens at the pardon board meeting?

If you choose to attend the meeting, you can speak on your own behalf or bring a representative, such as one of our Oklahoma Pardon and Parole attorneys. Only one individual will be allowed to address the Board regarding the reasons for the pardon request. Due to time constraints, speakers are typically allotted five minutes. The Board members may ask questions of the applicant or their representative.

27. Will I know right away if the Pardon and Parole Board made a favorable recommendation on my pardon?

Yes, the Board will vote immediately following the hearing, but the vote is not final until the end of the monthly meeting.

28. What happens if I receive a favorable recommendation for a pardon?

If your pardon application receives a favorable recommendation, it will be sent to the Governor’s Office for final review. The Governor has 90 days from receiving the application to make a decision. The Governor may choose to grant the pardon following the Board’s recommendation or may decide to deny it.

29. What happens if my pardon application is denied?

If your application is denied by either the Board or the Governor, you may reapply after one year from the date of the denial.

30. Can I find out why my pardon application was denied?

The Board and the Governor do not provide reasons for their decisions. Administrative staff are unable to explain the reasons behind your denial.

31. How do I reapply for a pardon after a denial?

If you wish to reapply after a denial, you may submit a new application one year after the denial.

32. What happens if I am granted a pardon?

If the Governor grants your pardon, you will receive a letter notifying you of the decision, along with a copy of the pardon certificate. Instructions on how to obtain a certified copy from the Oklahoma Secretary of State’s Office will also be provided.

COMMUTATION IN OKLAHOMA 

FREQUENTLY ASKED QUESTIONS (FAQ)

33. Who is eligible for commutation?

Individuals who are serving prison sentences, particularly for non-violent crimes, may apply for commutation. Cannon & Associates can assist with determining your eligibility and filing an application.

34. When can commutation be considered?

Commutation may be considered in circumstances such as demonstrated exemplary behavior during incarceration, compelling humanitarian reasons, or disproportionately harsh or excessive sentences, offering a chance to mitigate the sentence while preserving the integrity of the judicial system.

35. Can commutation reduce my sentence length?

Yes, commutation can shorten the length of your prison sentence or reduce other penalties, depending on the circumstances of your case. It is important to consult with an attorney to understand how commutation might apply to your situation. Cannon & Associates has experience handling commutation requests.

36. Does commutation guarantee early release from prison?

No, commutation does not guarantee early release. The decision depends on several factors, including the type of offense and the individual’s behavior while incarcerated. Cannon & Associates can help prepare your case to increase the likelihood of success.

37. What is the process for applying for commutation in Oklahoma?

The process begins by applying to the Oklahoma Pardon and Parole Board. The Board conducts a two-stage review process:

• Stage 1: A qualification review to assess completeness and eligibility
• Stage 2: A commutation hearing to evaluate the merits of the case If the Board recommends commutation, the application is sent to the Governor, who has the authority to approve or deny the request.

38. How do inmates get a commutation application?

The Pardon and Parole Board does not provide applications directly to inmates. For an inmate to obtain an application, the law library should have a sign-up sheet to request a commutation application. At the end of the month, the list of requests is forwarded to the Pardon and Parole Board. Copies are then distributed to the facilities based on the requests from the sign-in sheet. Another option to obtain an application is for a family member to print a copy from the Pardon and Parole Board‘s website, and mail the application to the inmate. A copy of the commutation application should be available in the law library within the facility for review prior to requesting an application so an inmate may see the required information in the application.

39. What documents are required for the commutation application?

The application requires a complete and notarized form, including all sections filled out accurately. Incomplete or altered applications will be returned. Applicants should not staple or bind the application and must keep a copy for their records. Cannon & Associates can assist in ensuring your application is properly completed.

40. What happens after I submit my commutation application?

Once submitted, your application undergoes a two-stage review process. The first stage is a qualification review to determine if the application has merit. If passed, it proceeds to a Stage Two hearing, where you may appear via videoconference. Family members or your attorney can attend and speak on your behalf.

41. What factors does the Oklahoma Pardon and Parole Board consider when reviewing a commutation application?

The Oklahoma Pardon and Parole Board evaluates several factors when reviewing a commutation application, including the nature of the offense, behavior during incarceration, evidence of rehabilitation and positive changes, and any other relevant information that may support the request for a reduced sentence.

42. Is commutation guaranteed if I apply?

No, commutation is not guaranteed. The decision ultimately depends on various factors, including the Board’s evaluation and the Governor’s discretion. An experienced attorney can help improve the chances of success by presenting a strong case, and answering the questions of the Pardon and Parole Board on your behalf.

43. How will I know the outcome of my commutation application?

After the Stage Two hearing, the Pardon and Parole Board votes to recommend or deny the commutation. If recommended, the Governor makes the final decision. You will be notified of the outcome, and the decision is also posted on the Board’s website. Cannon & Associates can help interpret the results and advise on next steps.

44. What if I have a question about my commutation application after it’s submitted?

If you have any questions or need updates about your application, you can contact the Pardon and Parole Board. Cannon & Associates can also assist with answering any questions and following up on your behalf.

45. What happens if the Oklahoma Pardon and Parole Board recommends commutation?

If the Board recommends commutation, the application is forwarded to the Governor, who has the final say in whether the commutation is granted or denied.

Understanding the intricacies of both pardon and commutation processes in Oklahoma, as outlined in these frequently asked questions, can still leave individuals and their families feeling overwhelmed by the complexities and nuances involved. While this resource provides a comprehensive overview of the common inquiries, each case presents its own unique circumstances and requires careful consideration. Our dedicated team at Cannon & Associates possesses the in-depth knowledge and extensive experience necessary to navigate these intricate legal pathways effectively.

If you or your loved one is facing the complex process of seeking a pardon or commutation in Oklahoma, contact Cannon & Associates at 405-591-3935 to schedule your FREE Case Strategy Session and we will guide you through each step of the way.

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