|
Pardon
of Criminal Charge in Oklahoma
KANIA
LAW
OFFICE
is a Tulsa, Oklahoma Law Firm
Pardons in Oklahoma are governed by the Pardon
and Parole Board. The information below is from the Pardon and
Parole Boards application for a pardon.
DOWNLOAD
OKLAHOMA PARDON APPLICATION
An
application for pardon consideration is attached, along with an
information sheet. It is important that all items on the application be
answered and returned to the address listed below. The information you
provide will help you to present yourself as a responsible and
productive citizen. The Pardon and Parole Board will review this
information in making a decision on your application.
If
you live in Oklahoma, a probation and parole officer of the Department
of Corrections will conduct the investigation. You should be completely
open and honest with the investigating officer. Negative information
will not necessarily hurt your application. It may serve to show how you
were able to overcome a problem and actually improve your chances. The
investigation should be completed approximately 60 days after you apply.
If
you live in another state, information will be requested from
authorities in your state regarding current employment and living
arrangements, and a local criminal record check will be requested.
Interstate investigations usually take about 90 days to complete.
After
the completed investigation is returned to our office, your application
will be submitted to the Pardon and Parole Board for their consideration
on the next available docket. If you receive a favorable recommendation
from a majority of the Board, that recommendation will be forwarded to
the Governor's office for a final decision. You will be notified of the
Board's recommendation and the Governor's decision in writing.
You
may contact the Pardon
and Parole Board by mail or telephone if you have any questions.
Please
send the completed pardon application to:
General
Counsel
Attn: Pardons
120 N. Robinson, Suite 900W
Oklahoma City, OK 73102
Pardon
Information
In
order for a pardon to be effective, it must include all Oklahoma
district court felony and misdemeanor convictions, and district court
traffic convictions, which involved drugs or alcohol. If you have cases,
which have been pardoned before, these do not need to be included in
your application. The Pardon and Parole Board cannot pardon Federal
cases or convictions from other states. A pardon will not clear your
record. It does not prevent your criminal record from being considered
when decisions are made concerning employment or other matters. Even if
you are pardoned, your record may continue to affect you. A person who
was under 18 years old at the time his or her offense was committed and
who has received a pardon may also seek expunction. From the time your
application is received, it usually takes between 90 and 120 days for
consideration by the Pardon and Parole Board. Applications from persons
residing in other states usually take about 30 days longer. The Board's
recommendation must be approved by the Governor for a pardon to be
granted. Governor approval usually takes from 30 to 60 days. The effects
of a pardon listed below concern Oklahoma law. If you reside in another
state, the effects may be different.
EMPLOYMENT
Some professions require licenses. The licensing agency for each
profession operates under different laws and policies. Some will not
license you even if you are pardoned, some will consider you only if you
receive a pardon, and others do not require a pardon. If you are
considering applying for a pardon in order to obtain a particular type
of employment or a license, you should first check with the employer or
licensing agency to see if it would be helpful to do so. Even if you are
pardoned, you must still answer "yes" if asked if you have
been convicted of a felony or misdemeanor on an employment application.
You can add however, that you have been pardoned. A pardon does not
remove the conviction from your record.
LIQUOR
LICENSES
To be eligible for a liquor license, you must be pardoned on all
felonies (Oklahoma, other states, and Federal). You must also be
pardoned on all alcohol-related district court misdemeanor convictions
from Oklahoma and any other state. Your spouse, partner, partner's
spouse, employees, corporate officers, and directors cannot legally
obtain a liquor license if you have not been pardoned.
VOTING
AND JURY DUTY
Even if you are pardoned, you cannot vote for a period equal to the
length of your sentence. For example, if you were convicted and given a
two-year sentence on January 1, 1990, you cannot vote until January 1,
1992. This is true even if you have discharged the sentence and a pardon
has been granted. To serve on a jury, you must be qualified to vote, and
you must also obtain a pardon.
HOLDING
PUBLIC OFFICE
If you have been convicted of any felony (or misdemeanor involving
embezzlement), you cannot seek or hold any state, county or city office
(including school offices) for 15 years after the completion of your
sentence unless you have received a pardon. Your city may also have
other regulations regarding eligibility to hold office. PROPERTY RIGHTS
A felony conviction does not prevent you from owning property, 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 would
not change this. FIREARMS Any person that has been convicted of a
nonviolent felony and who has received a full and complete pardon is
eligible to possess a firearm, pursuant to 21 O.S. Supp.2000, §
1283(B). It is not possible for a person convicted of a violent felony
to possess a firearm, even with a pardon (see 21 O.S. Supp.2000, §
1283(A). There may be Federal laws that apply to you. For more
information contact the Bureau of Alcohol, Tobacco, and Firearms, which
is a division of the U.S. Department of the Treasury.
FUTURE
FELONY CONVICTION
A pardon will not prevent prior convictions from being considered if you
are later convicted of a felony. Your previous record may be used in the
sentencing process even if the offense has been pardoned.
WHY
SHOULD I APPLY?
A pardon has little direct effect under Oklahoma law. However, it can be
useful in helping you to present yourself as a responsible citizen. A
pardon serves as recognition that you have adjusted well to society
since completing your sentence,
IN
ORDER TO QUALIFY FOR CONSIDERATION YOU MUST MEET THE FOLLOWING
CONDITIONS.
1. You have been convicted of a violation of Oklahoma law, either a
felony or a misdemeanor. 2. No pending charges. 3. Not currently in jail
or prison. 4. You must have discharged all sentences, successfully
completed parole or a suspended sentence, or completed five years under
supervision on the current case(s). 5. You cannot have been considered
or investigated for a pardon within the past six months. For further
information concerning pardons and the pardon process, contact:
General
Counsel
Attn: Pardons
120 N. Robinson, Suite 900W
Oklahoma City, OK 73102
(405) 602-5863
DOWNLOAD
OKLAHOMA PARDON APPLICATION
KANIA
LAW
OFFICE:
legal SERVICES IN TULSA OKLAHOMA
The
Tulsa lawyers at the Kania
Law Office represent
persons seeking pardons or expungements of criminal charges in Oklahoma.
If
you would like a free consultation with a professional Tulsa Oklahoma attorney from the Kania
Law
Office
please call (918) 743-2233 or fill out this form.
|