A pardon in Wisconsin offers individuals with past felony convictions a second chance by restoring certain civil rights and improving opportunities for employment and licensing. A pardon does not erase the conviction but signifies official forgiveness.
The application process involves several steps and specific requirements. This overview outlines what applicants should understand.
Eligibility Criteria
To be considered for a pardon in Wisconsin, applicants must meet several conditions. The sentence for the felony conviction must be fully completed, including all court-ordered confinement like jail or prison time.
Any court-ordered supervision, such as parole, probation, or extended supervision, must also be finished.
Applicants must have been discharged from their sentence for at least five years before applying.1Office of the Governor Tony Evers. Pardon Information This five-year period starts from the discharge date, not the conviction date or release from custody if supervision followed.
Applicants cannot have pending criminal charges or be under current investigation. Only Wisconsin state felony convictions are eligible; federal or out-of-state convictions do not qualify.
Required Forms and Documentation
A collection of forms and supporting documentation is needed for the Wisconsin pardon application. The main document is the Application for Executive Clemency, which requires details about personal history, the conviction, and life since the conviction.2Office of the Governor Tony Evers. Application for Executive Clemency (Pardon Application Form)
Other required documents include:
- Certified copies of the judgment of conviction for each felony.
- A copy of the applicant’s criminal history record from the Wisconsin Department of Justice.3Wisconsin Department of Justice. Criminal History Record Information
- Character references attesting to the applicant’s rehabilitation and community contributions.
- Proof of sentence completion, such as a discharge certificate from the Department of Corrections.4Wisconsin State Legislature. DOC 302.29 Discharge From Supervision
Submitting thorough and accurate materials is important, as incomplete or incorrect information can cause delays or denial.
Filing Process
After completing all forms and documentation, submit the application packet by mail to the Governor’s Pardon Advisory Board. The address can be found on the official website of the Wisconsin Governor or the Pardon Advisory Board.
Upon receipt, staff conduct an initial review for completeness. If documentation is missing, the applicant is notified and given a chance to provide it. Failure to respond promptly can lead to the application being closed.
This review may also include a basic eligibility check. Applicants should keep copies of their submitted application. There is no fee to file for a pardon in Wisconsin.5Milwaukee Justice Center. Helpful Information on Completing the Wisconsin Pardon Application
Hearing Procedures
After an administrative review, some applicants may have a hearing before the Governor’s Pardon Advisory Board. The Board decides which cases require a personal appearance and notifies selected applicants. The hearing allows Board members to ask questions and understand the applicant’s circumstances and rehabilitation.
During the hearing, applicants can explain why they seek a pardon and discuss their life since the conviction. Board members may ask about the offense, remorse, rehabilitation, employment, and community involvement.
The District Attorney’s office from the county of conviction can provide input.6Justia Law. Wisconsin Statutes § 304.10 Pardon Application Papers; Victim’s Statement (2022) These proceedings are for information gathering. The hearing helps the Board form its recommendation to the Governor.
Review and Decision Steps
After the review and any hearing, the Governor’s Pardon Advisory Board makes a recommendation to the Governor. This recommendation considers the offense, rehabilitation, community contributions, and the pardon’s potential impact. The Board’s role is advisory; it cannot grant or deny pardons.
The Board sends the file and recommendation to the Governor’s office for the final decision. The Governor has the sole authority to grant pardons.7Justia Law. Wisconsin Constitution Article V § 6 Pardoning Power The Governor’s decision is discretionary and may consider factors beyond the Board’s review.
There is no set timeframe for the Governor’s decision. Applicants are notified in writing. If granted, the applicant receives an official pardon document. A pardon restores certain civil rights lost due to a felony conviction, such as the right to vote, serve on a jury, and hold public office.8Wisconsin State Legislature. Wisconsin Statute 304.078(3) Effect of Pardon
A pardon does not expunge or seal the conviction record, which remains public.9Wisconsin Legislative Council. Issue Brief: Pardons in Wisconsin (June 2022) However, the pardon is noted with the conviction. This can improve employment or licensing opportunities. The Governor’s decision is final for that application.
Options After a Denial
A pardon denial from the Governor’s office may not be the final outcome. Governor’s office policies allow for reapplication, with specific waiting periods or conditions.
A denied applicant must wait a set period before resubmitting. This allows time for changed circumstances or further demonstration of rehabilitation. The waiting period length varies and should be verified with the Governor’s office. For example, a past administration specified a three-year waiting period after denial.
When reapplying, applicants should consider strengthening their application. This might involve better character references, more evidence of rehabilitation, or more community involvement. There is no limit on reapplication attempts if eligibility criteria and waiting periods are met. Each new application is considered on its merits.