Getting a Florida Pardon or Clemency After a Criminal Conviction
If you have a criminal record in Florida, you know how challenging it can be to move on with your life. A conviction can make it really tough to get a job, rent an apartment, or do other normal stuff. While you can’t erase your record, you may be able to get a pardon or clemency in Florida. This can help restore some of your rights and show you’ve turned over a new leaf.
Getting a pardon or clemency in Florida takes time and effort. But it may be worth it if your record is holding you back from moving forward. Here’s what to know about applying for and getting a pardon or clemency in the Sunshine State.
What is a Pardon or Clemency in Florida?
A pardon and clemency are similar, but not exactly the same thing. Here’s the difference:
- Pardon: A pardon forgives your crime and restores your civil rights lost due to a felony conviction. Rights restored can include voting, serving on a jury, holding public office, and possessing a firearm. A pardon doesn’t erase your criminal record though. It also doesn’t say you were wrongly convicted.
- Clemency: Clemency is basically mercy or leniency. In Florida, the main types of clemency are:
- Full pardon – Same as a regular pardon.
- Pardon without firearm authority – Restores civil rights except the right to possess a firearm.
- Pardon for misdemeanor – Forgives a misdemeanor conviction.
- Commutation of sentence – Reduces your sentence, like making you eligible for parole earlier.
- Remission of fines – Eliminates fines you owe related to your conviction.
So in summary, a pardon focuses on restoring rights lost due to a felony. Clemency is broader and can include reducing punishments like sentences and fines. They have some overlap though in fully pardoning felony convictions.
Florida Pardon and Clemency Requirements
To qualify for a pardon or clemency in Florida, you must meet certain requirements:
- Be convicted of a Florida state crime – Only Florida convictions are eligible, not federal or out-of-state convictions.
- Complete your sentence – You must serve any prison, probation or parole sentence related to your conviction. This includes paying any fines or restitution you owe.
- Wait period – You must complete a waiting period before applying for clemency. The period is 5 years for most felonies and 3 years for most misdemeanors.
- Good character – You must demonstrate good moral character and behavior since your conviction. Things like volunteering, steady work history and family responsibilities can help show this.
- Need – You have to show a real need for clemency, like clemency allowing you to get a professional license for a job.
These are the basic standards set in Florida law and by the Clemency Board. Meeting them doesn’t guarantee you’ll get a pardon or clemency. But not meeting them is likely to get your application denied.
How to Apply for a Pardon or Clemency
Applying for a pardon or clemency in Florida involves submitting an application to the state Clemency Board. Here are the steps:
1. Get the application – You can download the application from the Florida Commission on Offender Review (FCOR) .
2. Complete the application – Fill out the application fully and accurately. It asks for info on your personal background, criminal history, and reasons for seeking clemency.
3. Submit supporting documents – In addition to the application form, you need to submit things like:
- Certified copies of court documents about your case
- Proof you completed all sentencing requirements
- Letters of recommendation discussing your character
- Evidence of your need for clemency
4. Pay the application fee – There is a $400 non-refundable application fee unless you qualify for a fee waiver.
5. Submit the application – You can submit your application materials by mail or in-person. The address is on the application.
6. Review and investigation – The FCOR reviews your application and investigates your case. A background check is done.
7. Clemency Board hearing – If your case passes review, it gets scheduled for a Clemency Board hearing. You may attend the hearing or have an attorney appear for you.
8. Clemency Board decision – After the hearing, the Board votes on whether to grant or deny clemency. Four votes among the Board members are required to get a pardon or clemency granted.
This process can take over a year in many cases. It’s very thorough and in-depth, for better or worse. Having an experienced attorney represent you can help speed up the process and increase your chances of success.
What Are Your Chances of Getting Clemency in Florida?
The Clemency Board receives around 10,000 applications per year in Florida, but only approves around 5% of cases. So statistically, getting a pardon or clemency is an uphill battle.
That said, every case is different. Certain factors may improve or hurt your odds such as:
Criminal history – People with fewer and less severe prior convictions tend to have better success. Violent crimes or extensive criminal records make clemency harder to get.
Time since conviction – More time between your conviction and application looks better. It better shows you’ve turned your life around.
Prison record – Good behavior and rehabilitation efforts in prison can help demonstrate you deserve clemency.
Post-conviction record – Steady employment, community service and lack of further legal issues after your conviction increase your chances.
Need for clemency – Showing clemency is truly needed for things like occupational licensing makes approval more likely.
Representation – Having a qualified clemency attorney represent you helps navigate the complex process and present your best case.
While the odds are long, clemency cases with compelling circumstances do get approved in Florida every year. An experienced attorney can review your specific case and advise if pursuing a pardon or clemency may be worthwhile for you.
Can a Felon Get a Gun Permit in Florida with a Pardon?
One big question people with felony records have is whether a pardon would allow them to legally have a gun again. The answer is maybe, but not automatically.
A regular pardon in Florida restores most civil rights, but not necessarily the right to own, possess or use firearms. To regain this right, your pardon must explicitly include “firearm authority” according to Florida statute.
Getting this special stipulation often requires showing an occupational or other critical need to have a gun again. For example, if being a convicted felon bars you from working in security, law enforcement or the military.
Also, even with a pardon with firearm authority, you normally still have to petition the court separately to get your gun rights reinstated. And you can only do this 10 years after completion of your sentence, with no subsequent convictions.
So in summary, a basic pardon doesn’t permit felons to have firearms again in Florida. You need a pardon specifically stating it restores firearm authority, and even then more legal steps are required before you can legally have a gun.
What Rights Are Restored with a Florida Pardon?
As mentioned earlier, the main rights restored by a Florida pardon are:
- Right to vote – Felons normally lose voting rights in Florida. A pardon restores the right to register and vote.
- Right to hold public office – Felons cannot hold public office in Florida. A pardon allows running for and holding public elected offices.
- Right to serve on a jury – Felons lose the ability to sit on juries. A pardon restores this.
- Other civil rights – Things like parental rights and professional licensing may be restored with a pardon.
Rights not restored except through specialized pardons include firearm rights, some occupational licensing, and eligibility for certain government programs.
So in essence, the “core four” civil rights restored by a standard Florida pardon relate to voting, office-holding, jury service and avoiding general discrimination based on your conviction. Other rights may be restored too, but it varies case-by-case. An attorney can advise which rights would likely apply to your situation with a pardon.
Can You Get a Job with a Felony in Florida if Pardoned?
A pardon can definitely improve your job prospects in Florida with a felony record. But it doesn’t eliminate all employment barriers.
Here are some key things to know about jobs after a felony conviction if pardoned:
- Most regular employers won’t see your conviction if pardoned. Your criminal history checks will come back clean for things like background checks.
- You’ll be eligible for most occupational licenses after a pardon, except for certain professions like law enforcement.
- Some employers may still have policies against hiring pardoned felons though. Getting a job at a bank or school for example could still be tough.
- For government and other sensitive jobs, your conviction may still show up and be considered despite a pardon.
- Getting your record expunged after a pardon removes your conviction from background checks and applications. This gives you the cleanest slate for jobs.
So a pardon removes the automatic legal barriers to getting licensed and finding work. But for some employers a conviction, even if pardoned, may still be an issue. Getting your record expunged provides the most job opportunities after a felony conviction.
Can You Appeal if Your Florida Clemency is Denied?
Unfortunately there is no formal appeal process if your clemency application is denied by the Florida Board of Executive Clemency. By law, all Clemency Board decisions are final.
That said, you can reapply for clemency at any time if denied. Your new application would essentially be another chance to make your best case for clemency.
Things that may potentially help if reapplying include:
- Letting more time pass to show further rehabilitation.
- Taking additional steps to demonstrate your good character like volunteering or counseling.
- Getting more recommendations from employers, clergy, law enforcement or other upstanding people.
- Better articulating your need for clemency.
- Having an attorney help present your case and navigate the process.
Reapplying too soon without meaningful changes may just lead to another denial. But reapplying down the road with an enhanced application has a better chance even if you’ve been denied before. An attorney experienced with the Florida clemency process can advise you on the best timing and strategies if reapplying.
Conclusion
Getting a pardon or clemency in Florida after a criminal conviction takes effort. But it can reward you with restored rights and a chance to move forward in life. Understanding the requirements, looking at your chances realistically, and getting experienced legal help maximizes your possibility of success.
While the process is strict, Florida does grant pardons and clemency to deserving individuals each year. If your conviction has been holding you back, looking into whether clemency may be right for you has value. With persistence and a strong application, you may be able to get a fresh start despite your past mistakes.