Pardons and Commutations

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People who have been convicted of a crime in California may apply for a gubernatorial (Governor’s) pardon. The Governor of California cannot grant a pardon for a conviction from another state or a federal proceeding.

There are two ways to apply for a pardon in California: a Certificate of Rehabilitation and a Direct Pardon.

Pardon Application by Certificate of Rehabilitation: One way to apply for a pardon is to first petition for and obtain a Certificate of Rehabilitation from the superior court in the county where the applicant lives. Once a court grants a petition for Certificate of Rehabilitation, the court is required to send the order to the Governor’s Office, where it becomes an automatic application for a pardon. The applicant does not need to take any further action unless contacted by the Governor’s Office or the Board of Parole Hearings.

Pardon Application by Direct Request to the Governor: The second path to apply for a pardon is to submit an application directly to the Governor’s Office.

In both cases, the applicant must notify the district attorney in the county of a conviction for which a pardon application has been submitted.

Before the Governor can grant a pardon application to someone who has two or more felony convictions (in different cases), a majority of the California Supreme Court must first recommend a grant of clemency. The Governor’s Office will send the California Supreme Court the pardon application and all related documents for their review.

People who have been convicted of a crime and are currently serving their sentence in California may apply for a commutation (reduction of sentence).

In deciding whether to grant a commutation, the Governor’s Office will carefully review each commutation application and consider:

• the impact of a commutation on the community, including whether the grant is consistent with public safety and in the interests of justice;
• the age and circumstances of the offense and the sentence imposed, and the age of the applicant at the time;
• the applicant’s self-development and conduct since the offense, including whether the applicant has made use of available rehabilitative programs and has identified and addressed treatment needs;
• the applicant’s need for a commutation; and
• the applicant’s plans upon release from custody.

Applicants will be notified when the Governor takes action on a commutation application.