The "traditional" Governor's Pardon (GP) is available to those
persons who are not otherwise eligible for a Certificate of
Rehabilitation (COR). See California Constitution Article 5, §8.
The GP procedure is used primarily by those who were convicted of a
criminal offense in California but who now reside in a foreign
jurisdiction (e.g. another state, territory or possession of the United
States, or a foreign country), or who have been convicted of a criminal
offense which cannot, by operation of law, be discharged by the
issuance of a COR.
The GP procedure is covered by Penal Code §§ 4800 through 4813, inclusive.
Applicant's desiring to apply for a GP must either obtain the necessary application package from the Governor's Office† or electronically access, complete and print the application from the Shasta County Public Defender's Internet web site.
The applicant must complete the Application for Executive Clemency (i.e. GP) form and return it to the Governor's Office. In addition, the applicant must send Notice of Intention to Apply for Executive Clemency
to the district attorney of each county wherein a conviction occurred
at least ten (10) days before the Governor can consider the application
itself. See Penal Code §4804.
When the Governor's Office receives the application for pardon and
it appears that a pardon may be warranted, the application will be sent
to the Board of Prison terms for investigation. After the
investigation, the case is presented to the Board for a recommendation
to the Governor whether a pardon should be granted. The applicant is
notified when the Board will consider his or her application for
pardon, and is given the opportunity to forward any additional
information. The Board's recommendation is sent to the Governor where,
again, the applicant is notified.
If the applicant has more than one felony conviction that occurred
in separate proceedings, the California Supreme Court must first
approve, by a vote of four (4) justices, the granting of a GP. As with
those who apply by way of a COR, there is no requirement that the
Governor actually issue a pardon. However, notwithstanding the
Governor's wide degree of discretion on whether to grant a pardon, the
Governor cannot deny a pardon based on a discriminatory purpose (e.g.
race, gender, sex, national origin, ethnicity, sexual orientation, or
any other "protected" class).
The length of time needed for the completion of the pardon process cannot be predicted.
No fee is charged for applying for a pardon.
† Governor's Office
California State Capitol
Attention: Legal Affairs Secretary
Sacramento, California 95814
Source: Office of the Governor, Legal Affairs Secretary, California; California Constitution; Penal Code