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Kura & Wilford Co., L.P.A.
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Executive Clemency
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Among all post-conviction remedies, Executive Clemency is the most
unique. Under the Ohio Constitution, the Governor of th State of
Ohio has broad power to grant Executive Clemency. Executive Clemency
comes in two forms: (1) commutation; and (2)
pardon. |
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Commutation is changing the sentence in a criminal
case. The governor enjoys plenary power to shorten a prison
sentence, to make an inmate immediately eligible for a paroled
release, to change the conditions of a supervised release, or
to extinguish or reduce fines.
Pardon is absolving a person of legal guilt. The
person who receives a pardon no longer has a record of
criminal conviction. Importantly, the grant of a pardon
relieves the person of any collateral consequences of his prior
legal conviction, such as employment opportunities, state licensing
matters, firearms ownership, and immigration status. |
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The Ohio Parole Board has an important role in the clemency process.
The governor may not grant clemency until the parole board has
investigated the clemency request and made a recommendation. The
governor is free to disregard that recommendation, but cannot act
until the recommendation is rendered.
Clemency applications are filed with the Ohio Parole Board. Upon
request, the parole board will forward the appropriate forms to an
applicant. After the application is completed and submitted, the
parole board will investigate and vote on whether a hearing should
be held. In the case of an application for commutation
of a prison sentence, the hearing takes place at the prison and is
conducted by an Ohio Parole Board member, much in the same manner as
a Parole Release Hearing. In the case of an application for
commutation for someone who is not incarcerated (changing
conditions of a supervised release or extinguishing or reducing
fines), the hearing takes place at the Ohio Parole Board office in
Columbus, Ohio. Immediately after the hearing, the Ohio Parole Board
adjourns into executive session and votes to determine the
recommendation that will be presented to the governor. |
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After the parole board has determined its recommendation, that
recommendation is forwarded to the governor’s Office of Legal
Counsel along with the application. The governor's Office of Legal
Counsel conducts an independent application review, then submits all
pertinent documentation to the governor, who completes his own
review and makes a personal decision to grant or deny clemency.
One important thing to know is that the Ohio Parole Board has
adopted a policy that precludes an application for clemency if
clemency has been applied for and denied within the preceding two
years. |
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