What happens when a state’s governor or parole board receives an application for a commutation or pardon?
The process is different in every state, so state prisoners should always research how their state’s process works before they apply for a commutation or pardon. Typically, in a state in which the governor is responsible for granting clemency, the application is submitted to the governor’s office and then referred to either a special executive clemency/pardon board or to the state’s parole board (sometimes, the application is sent directly to one of these boards and not to the governor’s office). Usually, the board reviews the application and may do an investigation, including interviewing the applicant or having a private or public hearing, at which the applicant may be allowed to appear with or without counsel, make a statement, present witnesses, and answer the board’s questions. After its investigation is complete, the board typically will write a recommendation that is sent to the governor, who makes the final decision to grant or deny clemency. Depending on the state, the governo