How is Clemency Eligibility Determined?
If you or someone you love has been convicted of a crime and is currently serving time in prison, a petition for clemency may be a viable option. In Indiana, clemency refers to serving less time than what was indicated in the original sentence. In some cases, a person who is granted clemency may also have their record expunged after they have served their sentence. Expungement does not mean that a criminal record is destroyed. However, expungement can seal a record so it is not visible to the public and the individual can legally state that they do not have a criminal record.
Clemency is not available in all cases in Indiana. Only certain individuals are eligible, and the Governor makes the final decision. Below, our Indianapolis criminal defense lawyer explains important things you need to know.
Determine if You or Your Loved One is Eligible for Clemency
Before submitting a Petition for Clemency, it is essential to determine if you or your loved one is eligible. You will have to wait a certain amount of time before submitting your petition and this depends on when you or your loved one was convicted. If the sentence was levied before July 1, 2014, the ‘Old Code’ standards are in place, and a person must serve at least 60 months of their overall sentence.
On July 1, 2014, the New Code went into effect. The timeline for the New Code is slightly more complicated than under the Old Code. If you or a loved one was sentenced to more than ten years under the New Code, it is possible to submit a Petition for Clemency after serving 20 years of the sentence, or one-third of the total sentence, whichever is first. Individuals must also have a clear institutional record, meaning they did not have any major violations, for at least 12 months before filing their application.
Offenders must also have at least one year remaining in their sentence before attending the clemency hearing. Lastly, if a person is eligible for parole, they are not usually eligible for clemency.
The Governor Determines Clemency
In Indiana, the Governor makes the final decision regarding clemency. Before this final decision is made, the Indiana Parole Board will review the petition and make a recommendation to the Governor. The Governor will make decisions regarding clemency on a case-by-case basis, meaning the decision rests on the specific facts of a case.
Our Criminal Defense Lawyer in Indianapolis Can Advise You On Your Case
If you are currently serving a sentence or wondering if your loved one is eligible for clemency, you likely have many questions. At Rigney Law, LLC, our Indianapolis criminal defense lawyer can answer them, review the facts of the case to determine eligibility, and guide you through the process to make it as easy as possible and give you the best chance of a positive outcome. Call us today at 317-623-0989 or fill out our online form to schedule a free consultation and to learn more about how we can help.
Source:
famm.org/wp-content/uploads/2023/09/in-state-clemency.pdf