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Clemency is an act of mercy that absolves the individual upon whom it is bestowed from all or any part of the punishment that the law imposes.

Rules of Executive Clemency

Clemency in Florida

Florida Rules of Executive Clemency

With the proper representation you may be able to receive clemency for your sentence. Unlike an expungement or a sealing of a criminal record, clemency is a vindiction from all or part of your punishment. Moreover, in regards to this kind of aquittal, the final decision will be made by the Florida Governor.

expungement and clemency

If you receive clemency, it does not mean that you retroactively obtain an expungment. As the Florida Parole Commission makes clear, your attorney must apply for an expungement on your behalf if you gain clemency:

No. Neither a full pardon, nor any other type of clemency, will expunge or facilitate the expungement of your criminal record. You should contact [our office] or the Florida Department of Law Enforcement at seal-expunge for information on the expungement or sealing of records.

Florida Parole Board

To obtain clemency for a conviction in which you have received a fine or any type of punishment, your attorney must file an application for executive clemency with the parole board on your behalf.

As the Florida clemency (940.03) statute states, your attorney must also notify the judge, who presided over your case, and the prosecution.

Such application may require the submission of a certified copy of the applicant's indictment or information, the judgment adjudicating the applicant to be guilty, and the sentence, if sentence has been imposed, and may also require the applicant to send a copy of the application to the judge and prosecuting attorney of the court in which the applicant was convicted, notifying them of the applicant's intent to apply for executive clemency.

You should also be aware that the Clemency Board has the right to revoke Clemency:

All of the preceding forms of clemency may be granted subject to various conditions. If the conditions of clemency are violated or breached, such clemency may be revoked by the Clemency Board, returning the applicant to his or her status prior to receiving the conditional clemency.

Since clemency may be revoked, you have yet another reason to hire an attorney who acutely understands this process and who will work with you to give you the best chance for a result which will stand.

on the web

Clemency Statute (940.03) :a full explanation of the statute.

Contact Us

Once you have read the information that our site provides, you should realize two important facts: you need an attorney who has a thorough knowledge of this process and you need an attorney who will work with you throughout that process.

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