Pardons, Clemency, Commutation
Seattle, Washington Pardon, Clemency, and Commutation Attorney
“I had been trying to get my firearms rights restored for 6 years only to find out I needed a Governor’s pardon. I contacted Mr. laria and he worked with me on my case. He is very professional and understanding. He got me a meeting with the pardon board, walked me through everything and I just got my pardon. I highly recommend Mr. laria for anyone who is dealing with any firearms rights being taken away, he is an excellent attorney, and I will be forever grateful to him for all of his help.” Client Review
The Washington State Constitution, Article III, Section 9 states that “[t]he pardoning power shall be vested in the governor under such regulations and restrictions as may be prescribed by law.” This provision provides the Governor the constitutional authority to grant pardons.
Additionally, certain statutes provide the Governor with the power to grant pardons, reprieves, and commutations. See, e.g., RCW 10.01.120 and RCW 9.94A.728(1)(g). The Governor may grant an extraordinary release from incarceration under RCW 9.94A.728(1)(d).
A pardon is an official act of forgiveness by the Governor that restores a convicted person’s rights and that nullifies the lasting impact of the conviction in important ways. For example, the restoration of rights conferred by a pardon may be necessary to lawfully possess a firearm in some states, to obtain certain types of professional licenses, or to travel to certain countries that have strict entry requirements.
The conviction for which a pardon has been granted becomes “non-conviction data” and is removed from the Washington State Patrol’s database of convictions that is available to the public. The conviction is still listed and available on a database that is available for law enforcement purposes. A pardon does not remove the records in the court file for the case that led to the conviction (note that sealing a court file is a very difficult process).
Finally, a pardon does not allow a person the legal authority to state that he or she was never convicted of the crime in question (this authority may be available through the court system, but not from the Governor, for convictions of some types of crimes, by obtaining an order “vacating” the conviction), but it does allow a person to say that the conviction has been nullified by a pardon. In the end, a pardon is not just an act of forgiveness, it is a formal recognition that the recipient of the pardon has, since the conviction in question, lived his or her life in an exemplary manner.
A commutation is a reduction by the Governor of the sentence being served by a person. There must be extraordinary circumstances that justify the reduction. The same standards and factors used to review a pardon petition are also generally considered in reviewing a request for a commutation. If a commutation is granted, although the sentence is reduced, the conviction remains intact. Additionally, conditions may be placed upon the grant of a commutation.
Pursuant to RCW 9.94A.880 and RCW 9.94A.885, the Legislature created the Clemency and Pardons Board. This Board, which functions within the Office of the Governor, makes recommendations to the Governor on petitions submitted by individuals seeking clemency relief. See RCW 9.94A.885(1).
The Board generally reviews petitions only after judicial remedies for the conviction are no longer available. Additionally, in most cases, unless there are unique or emergency circumstances, the Board will not even review a petition until at least ten years have passed from the date of conviction. Similarly, absent unique or emergency circumstances, the Governor will not grant relief unless a person has submitted a petition to the Board.
The basic process of submitting a petition is not particularly complicated and is certainly something an offender can seek to do himself or herself. The Board has an informative website that provides useful information on the process. Additionally, the Board has a Policies and Procedures pamphlet, Clemency Information Packet, bylaws, a list of frequently asked questions, as well as instructions on how to fill out its standardized petition form. The Board conducts hearings on a quarterly basis to review petitions that the Board feels deserve Board consideration at a full hearing. The hearings are generally held on the second Friday of the month in March, June, September and December, with the deadline for submission of a petition and supporting materials about six months before these dates.
Even though an offender can submit a pardon or commutation petition himself or herself, a clemency lawyer can be quite helpful because the Board, in determining what recommendation to make to the Governor, analyzes any and all circumstances in determining whether the case is truly “extraordinary” and therefore deserving of action by the Governor. See RCW 9.94A.885(1). Among the factors that the Board has considered are the seriousness of the offense; the impact on the victims; whether there is a significant and documented need for clemency; acceptance of responsibility, remorse, and atonement; personal development and positive life changes since the offense occurred; the offender’s criminal history and other relevant background; whether the individual has complied with all obligations imposed by the court; the amount of time elapsed since the offense occurred; and the risk or benefit to the community. However, as the Board has noted, “Washington law does not define ‘extraordinary’ circumstances, and there is no limitation on the factors the Board may consider in making its recommendation to the Governor.” Thus, the investigation and written presentation necessary to demonstrate that an offender’s case is truly extraordinary can be a daunting endeavor.
Michael Iaria and Lisa Kopecky have extensive experience conducting mitigation investigations for sentencing purposes in capital and non-capital cases. Depending on the case, the defense team must conduct an extensive investigation into not only the case facts but also the life history of the client and his family going back generations. The lead attorney must turn the vast amount of information produced by this effort into a compelling and persuasive narrative designed to achieve the best sentence possible (in a capital case, this means convincing key decision makers that the client deserves to live rather than die). This effort, particularly in death penalty cases, to discover and present mitigating circumstances – the extraordinary circumstances of the client and his or her life that call for leniency – is the same general type of effort necessary to demonstrate to the Board and the Governor that a client who seeks a pardon or commutation is truly extraordinary and deserving of official forgiveness.