Can My Crime be Pardoned? Understanding Pardoning Charges in Wisconsin

Facing criminal charges or living with a conviction can impact many aspects of life, including employment, rights, and overall peace of mind. If you or a loved one are burdened by a past crime, it’s worth exploring options like a pardon that could potentially offer relief. But how does a pardon work? Who qualifies for one? And what steps should you take to pursue this opportunity? Let’s dive into this below.

What is a Pardon?

A pardon is an official forgiveness of a crime, granted either by a governor (for state offenses) or the president (for federal offenses). While a pardon does not erase the conviction, it can remove some of the legal consequences tied to it. These can include restoring rights like voting, owning firearms, and applying for certain jobs. It may also help with travel restrictions and immigration issues.

In Wisconsin, the governor has sole authority to grant pardons, and the process is selective. Unlike other states where a pardon board may influence decisions, Wisconsin’s governor holds the final say. Pardons are not granted routinely and are typically based on several specific criteria.

Who is Eligible for a Pardon in Wisconsin?

Eligibility for a pardon depends on several factors, including the nature of the crime, the time since the offense, and evidence of rehabilitation. Here’s a closer look at what you need to qualify:

1. Time Since Conviction: Most applicants must have completed their sentence and demonstrated a period of good behavior. Typically, this means living law-abiding for several years after serving the full sentence.

2. Nature of the Offense: Certain crimes, such as violent felonies or sex offenses, are less likely to be pardoned, especially for federal crimes. Non-violent offenses, such as drug-related crimes or theft, are more likely to be considered for a pardon.

3. Rehabilitation Efforts: Applicants who show they have reformed through education, community service, or steady employment have a higher chance of being pardoned.

4. Completion of Sentence: Pardons are generally not available until all aspects of your sentence have been completed, including probation or parole. This shows you have fulfilled the legal requirements of your conviction.

Wisconsin-Specific Eligibility for a Pardon

In Wisconsin, the following guidelines apply for pardon eligibility:

• Completion of Sentence: You must have fully served your sentence, including probation or parole, before applying for a pardon.

• Time Since Conviction: Generally, applicants must wait at least five years after completing their sentence before applying for a pardon. This allows time for applicants to demonstrate they’ve reformed and turned their lives around.

• Non-Violent Crimes: While the governor can grant pardons for various crimes, non-violent offenses, like drug-related offenses or property crimes, are more likely to be considered. Violent crimes or offenses that caused significant harm to others are less likely to be pardoned.

• Demonstrated Rehabilitation: The governor will want proof that you’ve rehabilitated. This might include letters of support, evidence of educational achievements, or proof of employment.

Additionally, applicants must not have any pending charges when applying, as this would suggest ongoing legal issues.

How to Apply for a Pardon in Wisconsin

The process for applying for a pardon varies depending on jurisdiction, but here are the general steps:

1. Check Eligibility: Before applying, verify that you meet the eligibility requirements for a pardon, including any waiting periods or restrictions on certain crimes.

2. Gather Necessary Documents: You’ll need to gather documentation that shows you've completed your sentence and have rehabilitated. This could include court records, letters of support, and a personal statement.

3. Submit Your Application: Applications for pardon in Wisconsin are submitted to the Governor’s office. Your application will include details about your conviction, your rehabilitation, and why you believe you deserve a pardon.

4. Wait for a Decision: The review process can take several months or even years. The governor will consider your crime, rehabilitation efforts, and how much time has passed since your conviction.

5. Seek Legal Help: While not required, having a lawyer can be helpful in preparing your application, ensuring all documentation is in order, and presenting a strong case.

What If You’re Denied a Pardon?

A denial doesn’t mean the end of the road. You can often reapply after a certain period, or you may explore other options like expungement or sealing your criminal record, depending on the laws in your jurisdiction. Consulting a criminal defense attorney can help you understand your options and decide the best path forward.

The Wisconsin Pardon Process

Here’s an outline of how to apply for a pardon in Wisconsin:

1. Obtain and Complete the Application: The first step is to submit a formal pardon application, available from the Wisconsin Department of Corrections or the Governor’s office.

2. Prepare Supporting Documents: This includes copies of your criminal record, letters of support, evidence of rehabilitation, and a personal statement.

3. Submit the Application: Once completed, submit the application to the Governor’s office, where it will be reviewed by the Governor and their staff.

4. Wait for a Decision: The governor reviews applications once or twice a year and may approve only a small number.

5. Governor’s Decision: If granted, the pardon may clear your criminal record, restore rights, and provide relief from legal consequences.

After a Pardon in Wisconsin

Once a pardon is granted, there are a handful of benefits you can acquire. First, a restoration of rights could include voting, jury service, and firearm ownership. With a cleaner record, you may also be eligible for employment opportunities that were previously unavailable. A pardon could also ease travel restrictions and help you navigate immigration issues if a past conviction was affecting your status. Lastly, a pardon can grant you peace of mind, alleviating the emotional weight of a conviction and giving you the psychological relief to move forward.

The Role of a Criminal Defense Attorney

Navigating the pardon process can be complex, but having an experienced criminal defense attorney can increase your chances of success. A lawyer can help assess eligibility, gather documents, and craft a compelling case for a pardon. If you're considering applying for a pardon in Wisconsin, contact a legal expert to guide you through the process and help you achieve the fresh start you deserve.

If you’re interested in seeing whether a pardon is right for you, contact us to set up a free consultation with Attorney Randall Petrouske. 

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Disclaimer: A pardon does not "erase" your conviction—it only removes the legal consequences tied to it. This blog post provides information on the possibility of a pardon, but the specifics of your case will depend on the details of the crime, the timeline, and your personal circumstances. Consult with a legal professional to determine whether a pardon is the right path for you.