RAPP New York State Executive Clemency Assistance

RAPP New York State Executive Clemency AssistanceRAPP New York State Executive Clemency AssistanceRAPP New York State Executive Clemency AssistanceRAPP New York State Executive Clemency Assistance
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RAPP New York State Executive Clemency Assistance

RAPP New York State Executive Clemency AssistanceRAPP New York State Executive Clemency AssistanceRAPP New York State Executive Clemency Assistance
  • Home
  • Clemency Overview
  • NYS Official Information
  • Toolkit and Information
  • Join Our Work
  • Our Partners
  • Clemency Clinics
  • Contact Us
  • Donate

What is Executive Clemency?

Executive clemency is a power vested in the Governor by the New York State Constitution to provide relief to those convicted of a criminal offense. It can take the form of commutations and pardons.  

Who Benefits from Executive Clemency?

Those who are:

  • serving a sentence of incarceration
  • facing deportation
  • convicted at age 16 & 17
  • seeking relief for a licensure/program bar due to the type of conviction
  • compassionate (medical) release

What is a Commutation?

In general, a commutation is a sentence reduction for people still serving a sentence imposed by the New York State Criminal Courts.


A commutation reduces the term an incarcerated individual must serve for a criminal conviction.


  • This reduction may allow an incarcerated individual to be immediately released.


OR


  • The incarcerated individual will be scheduled to appear before a Parole Board.


A commutation does not prevent deportation.

What is a Pardon?

Pardons can alleviate some or all repercussions of a criminal conviction, like housing and job challenges, licenses, and immigration issues for non-U.S. citizens, but they don't erase a New York State criminal record.


Anyone who has been convicted of a crime under New York State law can apply for a pardon.


In NYS a pardon does NOT expunge a criminal conviction from a criminal record.


Pardons may be considered if no other adequate administrative or legal remedy is available:


  • To relieve a disability imposed upon a conviction (this is rarely used since relief may generally be obtained by means of a Certificate of Good Conduct or Certificate of Relief from Disabilities).


  • To prevent deportation or permit a non-citizen reentry into the United States.

Eligibility Requirements Pardon

Pardons are typically only considered for applicants who have successfully completed all court-imposed requirements connected to their conviction and sentence, including community supervision, probation, and/or payment of fines and other costs.

Eligibility Requirements for Commutation

Except for extraordinary circumstances, a commutation of sentence will typically be considered only if an applicant meets the following:

  • The incarcerated person's minimum term of imprisonment is more than one year;
  • The incarcerated person has served at least one-half of their minimum prison term; and
  • The incarcerated person is not eligible for release or parole within one year of the date of their application for clemency.

Frequently Asked Questions

If you cannot find an answer to your question you can use the Contact Us section to send us a message and we will get back to you.

The act of submitting an application is cost-free. Nevertheless, applicants should be aware that fees might be applicable for record requests from official agencies, such as the Department of Corrections and Community Supervision (DOCCS) or the courts. Additionally, it is important to consider the costs of postage stamps for correspondence and, if opting for postal submission of a clemency application, potential shipping charges that may apply.


Yes. Often it will be the holding facility Superintendent where the incarcerated individual is located who will review the applicant's petition and make a recommendation.


No. At this time the only official information available for those incarcerated is a one-page guide found in the Jail House Lawyer's Manual, and a couple of memorandums distributed by the Department of Corrections and Community Supervision.


We have been offering the following suggestions until a comprehensive executive clemency guide is made available.


1. The Department of Corrections and Community Supervision offers a parole preparation course through the Transitional Services Center, designed for those soon to appear before the parole board. While a clemency applicant might not have a parole board appearance scheduled, they can contact Transitional Services to request handouts, guides, and information on compiling a parole packet.


2. Many facility Law Libraries provide a parole board preparation booklet. These booklets are created by various organizations and typically contain similar information. Incarcerated individuals can request access to the law library to review the booklet or, in some cases, make a copy. If they cannot visit the law library, they can submit a written request along with a Disbursement form to obtain a copy.


It's important to note that while this information primarily focuses on preparing a packet for the parole board, an executive clemency application closely resembles a parole packet. Both require elements such as a personal statement, support letters, program participation summaries, certificates, and reentry plans, among others.


RAPP New York State Executive ClemencY Assistance

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