Georgia Parole Review | Page 14

In January of 2015, the State Board of Pardons and Paroles continued improving the pardon application process through a rule change designed to enhance decision-making by soliciting input from victims and prosecutors. This past April, House Bill 71 was adopted making the Board's changes law and further improving the agency's pardon procedures.

Among the changes mandated is a notification process informing registered victims, and prosecutors in specific cases, if an offender is seeking a pardon. Those victims and prosecutors will then have the opportunity to send the Board information about the case.

The Parole Board may grant a pardon to a former offender who has lived a law-abiding life and met certain other criteria. A pardon is an act of official forgiveness. It is attached to the person's criminal record and may serve the person in seeking employment. However, a pardon does not erase a person's criminal record from history.

Here are six misconceptions or myths about a pardon.

1- myth

A pardon results in the expungement of an offender's criminal record.

Fact: A pardon does not expunge, remove or otherwise clear a conviction from an individual's criminal history. For information regarding criminal history expungement, please refer to O.C.G.A. Section 35-3-37.

2-MYTH

A pardon automatically reinstates an individual's firearm rights.

Fact: A pardon may not automatically reinstate firearm rights. A restoration of firearm rights may be considered in conjunction with a pardon, however the applicant must specifically request restoration of firearm rights when making application for a pardon.

3- MYTH

There is no specific criteria for applying for and/or receiving a pardon.

Fact: To be eligible, an applicant must have completed all sentences, including periods of both incarceration and community supervision (probation and/or parole). The applicant cannot have any pending charges, or unpaid fines, fees and/or restitution. Applicants must wait a minimum number of years following the completion of all sentences and have lived a law-abiding life following the completion of all sentences.

4-myth

There is no wait time for a pardon following the completion of an offender's sentence.

Fact: An applicant must wait a minimum of five years following the completion of all sentences and have lived a law-abiding life before applying for a pardon. If the applicant was convicted of a sex offense which requires registration as a sex offender, the waiting period is 10 years.

6 Pardon myths

Debunked!

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