ALABAMA PARDONS ARE ADMINISTERED BY THE ALABAMA BUREAU OF PARDONS AND PAROLES
The following facts will answer many common questions about getting an Alabama Pardon:
WHO IS ELIGIBLE FOR APPLYING FOR A PARDON IN ALABAMA?
A person can apply for a pardon in Alabama if they have either completed his or her sentence or have successfully served at least three years on parole for their sentence. The application is handled under the rules aond procedures of the Alabama Bureau of Pardons and Paroles. These procedures give the Alabama Board of Pardons and Paroles the discretionary authority to grant or deny pardons.
Additionally, a person can ask for a pardon based on actual innocence. This means that the person has sufficient evidence that they were actually innocent of the crime for which they were convicted. In the case of an actual innocence application for a pardon, there must be a unanimous vote in the affirmative by the Board following receipt and filing of clear proof of innocence of the crime. This provision also requires a written approval of the judge who tried the case, or the approval of a circuit judge in the circuit where the person was convicted if the trial judge is no longer on the bench.
HOW DO I APPLY FOR AN ALABAMA PARDON?
To apply for an Alabama Pardon, you must submit a PARDON APPLICATION and a WAIVER OF LIABILITY AND AUTHORITY FOR RELEASE OF INFORMATION. These are submitted to the Pardons Unit of the Alabama Bureau of Pardons and Paroles. (The forms can be obtained by clicking the links above.)
WHAT HAPPENS AFTER I SUBMIT THE APPLICATION AND WAIVER?
After the application and waiver are submitted, the Bureau’s Pardon Unit conducts an investigation into the case, including such things as current information on the applicant’s home situation, job status, an updated criminal arrest record, written references, and other information as warranted. An applicant for a pardon must fully cooperate with the investigation. When the investigation is complete, the case will be docketed for consideration by the Board, and once the case is docketed, required notification will be sent to the victim, certain officials in the jurisdiction of the conviction, and the applicant.
HOW CAN AN ATTORNEY HELP ME WITH APPLYING FOR A PARDON?
An attorney can assist you by gathering relevant information to be submitted to the Bureau of Pardons and Paroles that will provide them important favorable information about the applicant and their situation. We believe that by providing more in depth information about the person applying for a pardon, their history and circumstances, their present situation, and their plans for the future, there is a greater likelihood that the application will be given positive consideration and ultimately that it may be granted. By providing information, we not only put the person in the most favorable light, but we provide information that will assist the investigators, and even make their tasks easier. We can also appear at pardon hearings to speak on behalf of the applicant and to present persuasive reasons that the pardon should be granted.
HOW LONG DOES IT TAKE TO GET AN ALABAMA PARDON?
There is no set timetable for the pardon process due to a number of factors, including volume of applications, workload, availability of records and information, etc. We would note, however, that gathering pertinent information beforehand and presenting it in a coherent and orderly manner to the investigators would surely help speed the process.
WHAT HAPPENS IF THE BOARD APPROVES MY REQUEST FOR AN ALABAMA PARDON?
If the Board grants a pardon, the Board will also decide whether to restore any or all civil and political rights lost as a result of the conviction. The Board may grant a full pardon, which restores all rights, or they may grant a pardon with restrictions. For example, the Board may restrict the right to possess a firearm and/or they may require that an applicant convicted of a sex offense continue to comply with all sex offender restrictions. They may also choose not to relieve an applicant of the consequences of the Habitual Offender Act.
WHAT IF THE BOARD DENIES MY REQUEST?
If the Board denies the request for a pardon, a person can reapply, but they must wait for a period of 2 years before reapplying.
A NOTE ABOUT THE RELATIONSHIP BETWEEN A PARDON AND HAVING A CONVICTION EXPUNGED UNDER ALABAMA’S REDEEMER ACT
Under the new Alabama Expungement Law – The Alabama Redeemer Act – before you can be granted an expungement of a felony conviction, you must first obtain a pardon for the conviction. This means that you would need to apply for a pardon, and recieve a pardon, then apply for expungment.
