WHAT IS A PARDON?
A pardon is an act of forgiveness. In order to receive a pardon, by statute, an individual must first make application for a pardon. After an application is submitted, reviewed, and deemed complete by the administrative staff of the Pardon and Parole Board, the application is referred for a Pre-Pardon investigation. After the investigation is completed, the pardon request is placed on a docket. The Pardon and Parole Board will review the application and provide an optional personal appearance. The Board will then decide to favorably recommend or deny the request for a pardon. The application and recommendation are then forwarded to the Governor for review. Only the Governor can grant a pardon. For more information on the process, refer to the Frequently Asked Questions on the Board’s website.
An application for a pardon does not guarantee that a favorable recommendation by the Pardon and Parole Board will be made or that the Governor will grant a pardon.
A pardon is not a parole or commutation and does not clear or erase a criminal record, but does acknowledge that someone has worked hard to become a productive, law-abiding citizen after making mistakes in the past. There is no fee to apply for a pardon. Under Oklahoma law, a pardon will not clear the conviction from a person's record. Those who are currently incarcerated are not eligible for a pardon.
A pardon granted in Oklahoma may restore some of an individual’s civil rights. A pardon does not remove the conviction from a person's record,and itdoes not prevent a criminal record from being considered when decisions are made concerning employment or other matters. Even if a pardon is granted, the record may continue to have an effect. Individuals who receive a pardon must still answer “Yes” if asked about a felony or misdemeanor convictions on an employment application. However, information about the pardon may be included.
LIFE AFTER A PARDON
Employment
Many professions require licenses. The licensing agency for each profession operates under its own laws and policies. Some agencies will not issue a license even after a pardon is granted. Others will consider licensure only if a pardon is granted. It is up to the applicant to check with the employer or licensing entity.
Liquor Licenses
A person who has been convicted of a felony is not eligible for a liquor license. For more information, the applicant should contact the ABLE Commission at (405)521-3484.
Voting
A convicted felon may not register to vote for a period equal to the time of the original sentence. A convicted felon who has been pardoned may register to vote. For more information, contact the State Election Board at (405)521-2391.
Property Rights
A felony conviction does not prevent property ownership, with one exception. A person convicted of Murder First Degree, Murder Second Degree, or Manslaughter First Degree cannot inherit property from the victim, nor receive proceeds from the victim’s insurance. A pardon will not change this.
Firearms
According to Oklahoma Statutes, Title 21 § 1283 (B), the only way to restore a person's firearm rights is through a pardon granted by the Governor of Oklahoma. The statute states that any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the Oklahoma Self-Defense Act and the right to perform the duties of a peace officer, gunsmith, or for firearms repair. Federal firearm laws that also apply. For more information, contact the Bureau of Alcohol, Tobacco, Firearms and Explosives, Oklahoma Field Office, at 901 N.E. 122nd, Suite 200, Oklahoma City, OK 73114 or (405)748-8294
Sex Offender Registration
A pardon does not remove the responsibilities for sex offender registration which were created under Title 57 O.S. § 584. Even if a pardon is granted, registration requirements will continue according to state law.
Future Felony Conviction(s)
A pardon will not prevent prior convictions from being considered if a person is later convicted of a felony. A previous record may be used in the sentencing process even if the offense has been pardoned.
ELIGIBILITY
The eligibility criteria below must be met for all convictions for which a pardon is being requested. Failure to meet the eligibility criteria will result in the application being returned.
In order to be eligible for a pardon, a person must meet the following criteria:
• Must have been convicted of a violation of Oklahoma law, either a felony ormisdemeanor, or in an Oklahoma Municipal Court involving a misdemeanor alcohol orillegal drug offense. Traffic misdemeanor convictions are NOT eligible for a pardon.
• Must either have discharged all sentences, including supervision, or successfullycompleted five consecutive years of parole or probation immediately prior toapplication.
• Must have paid all fines, fees, restitution, court costs, etc. in full.
• Must not have any new or pending charges.
• Must not currently be in jail or prison.
• Must not have been considered for a pardon within the past three years.
• Must have discharged all other sentences, including post-imprisonment supervision.
Any cases from other jurisdictions must also meet these criteria, even though not eligible for an Oklahoma pardon.
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Prior to completing the application, it is important to determine eligibility. In addition, if considering a pardon, the applicant should also refer to the Frequently Asked Questions on the Pardon and Parole Board's website at https://www.ok.gov/ppb/.
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