Once you’re convicted of a crime in Georgia, you’ll likely stay on your record for life. This applies whether you have been convicted by a jury or have pleaded guilty before a judge. One of the ways to truly delete your record is to submit a retroactive first offender request, which we discussed in a previous post. If you knew about the first offender and chose not to exercise the right, or you have already been convicted of a felony, you are not entitled to a retrospective first offender.
Request for clemency from the State Board of Pardons and Parole
Asking for a clemency is the second best option for dealing with the first offender retrospectively. While a pardon doesn’t completely erase your record, it does show in your criminal history that you have been officially “pardoned” or forgiven by the state of Georgia. This can be very beneficial when looking for a new job or further training.
The application for pardon can be completed with or without an attorney and is available through the State Board of Pardons and Parole’s website.
What is required for a pardon?
For all crimes other than sex crimes, there are four general conditions that must be met in order to apply for a clemency. First, you must have completed all sets at least five years prior to applying. That means you must have been five years without parole. If you have been sentenced to a direct prison sentence, you must have been out of prison for 5 years. Second, you must not have committed any new offenses in the last five years. Third, you must have no outstanding fees. Finally, you must have paid any fines or remedial charges required as part of your sentence.
It is much more difficult to get a pardon for sex offenses. The waiting period after your conviction is 10 years, and you must meet several other conditions 90 days before filing. These conditions include a psychosexual evaluation, a polygraph exam, providing a SORB risk level, and more.
Meeting these conditions does not necessarily mean that you will receive a pardon, but it does mean that your request will at least be considered. In your petition, you should emphasize two things to improve your chances. First, all of your accomplishments, advances in education or employment, participation in charities, or any other involvement in your church or community. Second, you must explain how belief is holding you back in life. For example, if it prevents you from advancing in employment or education.
recovery of your rights
Being pardoned automatically restores your civil and political rights, such as B. The right to hold office, serve on a jury and be a notary. Even without a pardon, you can apply for the restoration of your rights. You can do this after just two years of serving your sentence, living a law-abiding life, and paying all your fines and reparations. Your right to vote will be restored immediately after your sentence has been served. It is also important to note that restoring rights does not automatically restore the right to own a firearm. This is to be requested separately and is at the discretion of the Executive Board.
If you have questions about your criminal history, contact our office today for a free consultation!
