Clemency and Pardons in Washington State
Not all remedies are judicial. In some situations where the judicial remedies have been exhausted, a person might file a petition for clemency or for a pardon. This document explains how that process works and what relief may be available.
Who can ask for Clemency or a Pardon?
Individuals, organizations, or the Department of Corrections (DOC) may petition the Clemency and Pardons Board (Board) for a commutation of sentence or a pardon. Following a hearing, the Board makes a recommendation to the Governor, who has the authority to grant or deny a request.
Who is on the Clemency and Pardons Board?
The Board consists of five members of the public appointed by the Governor, subject to confirmation by the Washington Senate. Members of the Board serve terms of four years, or until their successors are appointed. Information about the current Board members can be found here.
The Board can recommend three types of relief.
A pardon provides complete relief from a sentence or disabilities related to a conviction.
A commutation provides for a reduction in sentence.
A reprieve provides for a delay in sentence.
How to start the process.
Before seeking clemency, a person must exhaust all judicial remedies. The Board’s website has directions for how to submit a petition, found here. Typically, those who meet the quarterly deadline to submit a petition will receive notice the following quarter if they were granted a hearing. COVID delays have significantly slowed this process. In most cases, absent unique or emergency conditions, the Board will not consider a Petition until at least 10 years have passed from the date of conviction.
What are the grounds for seeking clemency?
There are virtually no guidelines or law governing clemency. State law directs the Board to receive petitions in “extraordinary cases.” The application asks for the details of the crime, a list of all prior criminal history, a description of the “extraordinary circumstances” that would justify clemency, evidence of rehabilitation efforts after conviction, the person’s prison record including commendations and discipline, and whether the person has ever been the subject of a no contact order. The Board will want to know about the release plan in place for a person including where they will live, will they have work, will any need for support or treatment be addressed, and whether the person will have family members or other community members to help them transition back into the community.
Hearings
Once a petition and any supporting documents are submitted to the Board, a preliminary review committee decides whether a petitioner will receive a hearing before the full Board. The Board holds hearings four times a year, in March, June, September and December. All hearings are open to the public. Victims and survivors of victims may present a statement to the Board in person, in writing, via audio, videotape, or other electronic means. Others may attend the hearing, including the petitioner’s family and friends, attorneys, members of the media, or any interested party. The Board hears from individuals in support of the Petition first, followed by those opposing the Petition. Following the hearing, the Board makes a recommendation to the Governor. The Governor is not bound by the Board’s recommendation.
No Right to Counsel at Clemency Hearings
A person seeking a commutation or pardon may retain an attorney to prepare a Petition and/or to represent them at the hearing. Defense counsel is not appointed for indigent persons seeking clemency. The Seattle Clemency Project (SCP), a private nonprofit organization, provides pro bono representation in limited clemency cases to those that fall within their priority areas: (1) people serving life or very long sentences, and (2) noncitizens seeking post-conviction relief to alleviate harsh immigration consequences of conviction. SCP does not have the ability to represent people seeking clemency for sex offense crimes.
How Long Does the Clemency Process Take
The amount of time it takes to create a clemency petition, be granted a hearing, and receive a decision from the Governor's office varies on a case-by-case basis. Preparing a clemency petition with an attorney may take 6–12-months, depending on how much information has been previously documented and collected. Since 2020, the process for being granted a hearing in front of the Board has slowed significantly; some petitioners wait 2+ years before being granted a hearing. After a hearing has taken place and the Board makes a favorable recommendation to the Governor, there are no time requirements for the Governor to act. The Governor may decide to deny a petition for pardon, clemency, or repriev,e even with a recommendation from the board.
Effect of a pardon
A pardon relieves a person of the consequences of a conviction but does not automatically remove the record of the conviction from the court files and does not grant legal authority to state that the party has never been convicted of a crime on an application for employment. A person may, however, indicate that they have received a governor's pardon.
A conviction that has been pardoned by the Governor is excluded from the definition of the defendant’s criminal history under the SRA, the state law governing felony sentencing. Once a pardon is granted, the Governor’s office notifies the Washington State Patrol (WSP) and requests they remove the conviction from the criminal history reporting that is available to the public. However, the conviction remains on a separate criminal history available to law enforcement and others who are entitled to non-conviction data under state law. The Governor's Office does ask the WSP to note the fact that a pardon has been granted on this non-public criminal record.
Does a Pardon Vacate a Conviction
A pardon does not expunge the crime pardoned from the pardon recipient’s record, it forgives the crime by commuting the sentence.
Additional Information
The Washington State Clemency and Pardons Board website is found here.
