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What is the difference between clemency and expungement?
Expungement is a court-ordered process aimed at erasing a criminal record, typically available under limited circumstances and requiring judicial approval. In contrast, a pardon is a form of executive clemency granted by the Governor, which forgives an individuals crime but does not erase the criminal record.
What does it mean to be given clemency?
CLEMENCY IS DEFINED AS AN ACT OF LENIENCY OR DISPOSITION TO BE MERCIFUL, BUT AS A BROAD LEGAL TERM THE WORD INCLUDES PARDON, COMMUTATION OF SENTENCE, REPRIEVE, OR REMISSION OF FINES AND FORFEITURES.
What are the consequences of being pardoned?
It does not signify innocence. It does, however, remove civil disabilities e.g., restrictions on the right to vote, hold state or local office, or sit on a jury imposed because of the conviction for which pardon is sought, and should lessen the stigma arising from the conviction.
What does petition for clemency mean?
What is a Clemency Petition? A clemency petition is where a person who was convicted of a crime asks either the Governor of the State in which they were convicted, or the President if the conviction was in Federal Court, to grant them some relief from the burden of their conviction.
What happens when someone gets clemency?
Clemency is the process by which a governor, president, or administrative board may reduce a defendants sentence or grant a pardon. Clemencies have been granted in death-penalty cases for a variety of reasons.
Individuals must either request a form from the Governor or write their own petition. These applications must be then sent to the Governor for review. Pardon power rests exclusively in the Governor, except for cases of treason for which the legislature has the pardon power.
What happens at a clemency hearing?
Clemency hearings allow character witnesses, attorneys, and the convicts themselves to speak to the governor so that their sentences can be reduced or otherwise be granted a pardon.
What happens when someone is granted clemency?
Clemency Takes Several Forms: There are two ways clemency is conferred upon an individual: The president can commute their sentence, thus reducing their remaining time of incarceration, or the president can pardon them, which means that their original crime is forgiven and any current or future punishment stemming
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