CLEMENCY | Rights Restoration

Clemency is the process for which convicted felons can seek relief from a prison sentence, or a restoration of their civil rights.

The Florida Commission on Offender Review is the executive agency which reviews applications and decides whether those individuals who may either be seeking to have their rights restored, or a commutation of sentence will be granted that wish.

Under the Florida Constitution, convicted felons cannot vote, serve on a jury, hold public office, or own a firearm until their civil rights have been restored.

The Clemency Board only meets 4 times a year and not everyone is granted even the option to be heard, which is why, if applying, it is important to have an experienced attorney who can put together a plan of action to give you the best chance at succeeding.

TYPES OF CLEMENCY

  1. Full Pardon

    • Releases a person from punishment and forgives guilt for any Florida convictions. Restores all of the rights of citizenship possessed by the person before his or her conviction, including firearm authority.

  2. Pardon Without Firearm Authority

    • Releases a person from punishment and forgives guilt. Restores all of the rights of citizenship possessed by the person before his or her conviction, except firearm authority.

  3. Pardon for Misdemeanor

    • Releases a person from punishment and forgives guilt.

  4. Commutation of Sentence

    • May adjust an applicant’s penalty to one less severe but does not restore any civil rights or firearm authority.

  5. Remission of Fines and Forfeitures

    • Suspends, reduces, or removes an y fines or forfeiture that may be due.

  6. Specific Authority to Own, Possess, or Use Firearms

    • Restores a person firearm authority for the State of Florida.-However, the Clemency board does not consider request for firearm authority from individuals convicted in federal or out-of-state courts.

  7. Restoration of Civil Rights in Florida

    • Restores all of the rights of citizenship in the State of Florida except firearm authority.

    • However, it does not relieve an applicant from the registration and notification requirements or any other obligations and restrictions imposed by law upon sexual predators or sexual offenders.

  8. Restoration of Alien Status under Florida Law

    • Restores to an applicant who is not a citizen of the United States such rights enjoyed by him or her, under the authority of the State of Florida, except firearm authority.

    • However, this does not affect a person’s immigration status.

There are different eligibility requirements for the type of Clemency being sought. To find out if you qualify for Clemency call the team at Wilbur Smith for a consultation.

 

Seeking clemency or restoration of your rights? Contact us today.

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