Understanding The Different Types Of Pardons In Connecticut
A pardon is a legal decision by a government entity that forgives someone for a crime they committed. In Connecticut, the pardon is not an acknowledgement of a wrongful conviction; it erases the person’s adult criminal record and reinstates the rights and civil status they had prior to their conviction.
The Connecticut Board of Pardons and Paroles has the authority to grant pardons for any crime under Connecticut law. When someone is seeking a pardon, it is important to understand the types of pardons and their intended purpose.
What Types Of Pardons Are Available In Connecticut?
The are two types of pardons in Connecticut: an absolute pardon (also known as an expungement, erasure, or full pardon) and a Certificate of Employability. Absolute pardons and Certificates of Employability are completely different from each other. The pardon fully erases the individual’s adult criminal record. The Certificate of Employability is only for employment and licensing purposes. The metrics for eligibility for each of these types of pardons are complicated with strict requirements.
As an example, an absolute pardon has different time frames associated with making an application for misdemeanor or felony convictions. If you wish to pursue an absolute pardon, you may apply for the pardon three years after the date of disposition of the most recent misdemeanor conviction. A felony conviction has a waiting period of five years after the date of the most recent felony conviction. One significant restriction is that you cannot be on parole or probation when you submit your application to the Board.
To avoid any issues with making an application for a pardon, it is helpful to have the assistance of a qualified pardons and post-conviction attorney in New Haven, Connecticut who has an in-depth knowledge of the requirements and factors the Board of Pardons and Paroles considers when making decisions about pardons. Other elements include the severity of the offense and its impact on the victim. The victim may have an opportunity to provide input on the subsequent consequences they experienced because of the offense. The State Attorney’s opinion on the matter could also be considered.
The Certificate of Employability is considered a provisional pardon that does not erase the individual’s criminal record. It is an official document that certifies that the applicant should not be prevented from getting a job or license because of their criminal history and makes it illegal to discriminate in that manner. As with the absolute pardon, there are restrictions and requirements when making an application for a Certificate of Employability. After conducting a thorough investigation and an administrative review is conducted, the Board may issue a Certificate of Employability to the applicant.
What Does The Pardon Process Look Like?
There are multiple considerations when choosing the right method for obtaining the outcome you want to achieve. Understanding the differences between the types of pardons is important to avoid making mistakes. As an example, if you are currently incarcerated, you are not eligible for a Certificate of Employability. The Board, state police, and the Connecticut Judicial Branch review the applicant’s criminal record when deciding whether to approve or deny an absolute pardon application.
A criminal pardon lawyer in New Haven, Connecticut who is familiar with the types of pardons, application requirements, and other factors considered by the Board can help you with an application for an absolute pardon or a Certificate of Employability.
Is There A Specific Process For Seeking A Pardon Or Certificate Of Employability?
Obtaining an absolute pardon or Certificate of Employability is not easy and it could take up to 12 months to get one. The rules for eligibility are different for these instruments and involves preparing the appropriate and extensive application. A complete criminal history report, fingerprints, and references may be required. There are deadlines for the submission of the various reports throughout the process and there may be time constraints associated with scheduling hearings.
Before making an application for a pardon or a Certificate of Eligibility, you should look for a law firm that provides legal services for pardons in Connecticut that can help you identify and understand the documentation and information requirements for submitting the correct application for your situation. Regardless of which type of pardon you are seeking; an experienced pardons attorney can help you prepare the application that will maximize your chances of getting a favorable result from the Connecticut Board of Pardons and Paroles.