Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-7 - PARDONS › Section 640-X-7-.01 - Pardons

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual
			 applying for a pardon with or without restoration of civil and political rights
			 may appear at any Bureau office to complete and/or submit an application (Form
			 ABPP-3) or may submit an application by mail or electronically to the Bureau.
			 Except as authorized by the Rosa Parks Act (
Code of Ala.
			 1975
, Sections
			 15-22-90 through 92) and the Scottsboro Boys Act (
Code of Ala.
			 1975
, Sections
			 15-22-110 through 115), no pardon investigation will be completed except at the request
			 of the person whose conviction is at issue. Applications submitted under the
			 Rosa Parks Act or the Scottsboro Boys Act shall comply with the requirements
			 put forth for such applications by Alabama law. The Board will consider pardons
			 for convictions in the courts of the State of Alabama for violations of state
			 law. The Board will also consider pardons for convictions in the courts of the
			 United States or of other states if the petitioner is, at the time of
			 application and consideration, an Alabama resident.
(2) To be considered for a pardon, an
			 applicant must have either completed his or her sentence or have successfully
			 served at least three (3) years on parole for the sentence for which the
			 applicant seeks a pardon.
(3)
			 Notwithstanding the foregoing, a pardon based on innocence may be granted upon
			 the unanimous affirmative vote of the Board following receipt and filing of
			 clear proof of his or her innocence of the crime for which he or she was
			 convicted and the written approval of the judge who tried his or her case or
			 district attorney or with the written approval of a circuit judge in the
			 circuit where he or she was convicted if the judge who tried his or her case is
			 no longer serving.
(4) Pardon
			 applicants must fully cooperate with investigation of his or her criminal
			 history, personal and social history, and the circumstances of the
			 crime.
(5) When the pardon
			 application and investigation is complete, the case will be docketed for
			 consideration by the Board subject to notification as required by
			 law.
(6) If the Board votes to
			 grant a pardon, the Board will also decide whether to restore any or all civil
			 and political rights lost as a result of the conviction. As required by law,
			 Board Members shall provide the reasons supporting their decision to grant a
			 pardon in the file. The Board's order granting a pardon will be made a matter
			 of public record. All other portions of the file shall remain subject to
			 statutory privilege.
(7) If the
			 Board declines to grant a pardon and/or to restore any or all civil and
			 political rights, the applicant may not re-apply until at least two (2) years
			 have passed from the date of Board action, unless otherwise expressly ordered
			 by the Board.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala. 1975,
				  §§
										15-22-21,
				  15-22-36,
				  15-22-37.