Apply for Clemency

Find more information on Pardons for Individuals Convicted at Ages 16 & 17 by clicking the Pardons tab.

The Governor of New York has the power to grant clemency in the form of reprieves, commutations, and pardons.

Clemency applications commonly come in two forms: sentence commutations and pardons. In general, a commutation is a sentence reduction and a pardon provides unique relief for individuals who have completed their sentences but remain disadvantaged by their criminal history.

The Executive Clemency Bureau is a unit within the New York State Department of Corrections and Community Supervision that assists the Governor’s Office with clemency applications. The Executive Clemency Bureau receives applications and begins a review process, which includes compiling past criminal and/or correctional facility records. The Bureau then sends completed applications to the Governor’s Office for review.

Please see below for more information on clemencies and how to apply.

As an alternative to clemency, consider getting your record/conviction sealed. If you have no more than two misdemeanor convictions or one felony and one misdemeanor conviction, you may be eligible to have those convictions sealed after a 10-year waiting period. Sealed Records: After 10 Years (CPL 160.59). Additionally, some drug-related felony and misdemeanor convictions can be conditionally sealed if you have completed a drug treatment program. See if you qualify and learn how to ask the Court to seal your records. Sealed Records: Drug-Related Cases (CPL 160.58).

Pardons provide unique relief for individuals who have completed their sentences but remain disadvantaged by their criminal history. Currently, the Governor is offering two distinct opportunities for a pardon. If you are interested in applying for a pardon, please review the following table and decide which opportunity fits your situation.

All U.S. citizen New Yorkers who are serving a period of community supervision have the right to vote. The right to vote is automatically and immediately restored upon release from a New York State Department of Corrections and Community Supervision (DOCCS) facility or upon release from a county correctional facility while serving a period of community supervision.

 Prior to legislation signed in 2021, New York State’s election law prevented individuals from being eligible to vote while serving a period under community supervision, also known as parole. In April 2018, Executive Order 181 was issued, which created a program through which individuals on community supervision were granted conditional pardons restoring their right to vote. These conditional pardons were granted on a monthly basis, resulting in more than 67,000 pardons issued during the period in which the program was in effect.

In May 2021, legislation was enacted to change the election law so that the voting rights of formerly incarcerated U.S. citizen New Yorkers are immediately and automatically restored upon their release from a DOCCS facility. In addition, the law requires DOCCS to provide a notice explaining the restoration of voting rights, a voter registration application, and additional information about the process and importance of voting to individuals who are being released to the community. DOCCS is also required to offer assistance in submitting completed voter registration applications to the board of elections.

All eligible New Yorkers, including those who have been released from a DOCCS facility and are currently serving a period of parole or probation, can follow these instructions to register to vote now:

• In person at your county board of elections or at any New York State Agency-Based voter registration center.
• By using the voter application form at the Department of Motor Vehicles, either in person or on their web site if you already have DMV-issued identification.
• By requesting a New York State Voter Registration form by mail by entering your name directly into our mailing list database.
• By calling the State Board of Elections’ 1-800-FOR-VOTE hotline to request a voter application.

To be eligible to register to vote, a New Yorker must:

• Be a United States citizen
• Be 18 years old (you may pre-register at 16 or 17 but cannot vote until you are 18)
• Be a resident of this state and the county, city or village for at least 30 days before the election
• Not be adjudged mentally incompetent by a court
• Not claim the right to vote elsewhere

A commutation of sentence is a form of executive clemency that reduces an incarcerated person’s current sentence. The Governor may commute a sentence in any way that she considers appropriate. A sentence may be reduced to allow an incarcerated person to be released immediately or on a specific date.

Eligibility

Except for extraordinary circumstances, a commutation of sentence will be considered only if the incarcerated person meets the following eligibility criteria:

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

The following guidance has been developed to assist applicants for commutation of sentence in further understanding the nature and scope of executive clemency review. Clemency is a matter within the sole discretion of the Governor. While compliance with this guidance is encouraged, it does not entitle an applicant to clemency.

A commutation of sentence is an extraordinary form of relief. Accordingly, the applicant has the strong burden of demonstrating that he/she:

• Has made exceptional strides in self-development and improvement; has made responsible use of available rehabilitative programs; has addressed identified treatment needs; and the commutation is in the interest of justice, consistent with public safety and the rehabilitation of the applicant;

or

• Is suffering from a terminal illness or has a severe and chronic disability that would be substantially mitigated by release from prison, and the release is in the interest of justice and consistent with public safety;

or

• Further incarceration would constitute gross unfairness because of the basic inequities involved.

If an eligible applicant has been notified that no action will be taken on his or her application at this time, the applicant may reapply one year after the date of notification unless authorized to do so sooner.

Interested applicants should apply for either a pardon or commutation and submit their entire completed application package to the New York State Department of Corrections and Community Supervision Executive Clemency Bureau as outlined below.

For Pardons

• Fill out a pardon request form.
  • Standard Pardon form
  • Pardon for Convictions at 16 & 17 form
• Requirement information (see table) for both types of pardons can be found by clicking the Pardons tab on the left.
• Write a letter describing the applicant’s need for a pardon and examples of rehabilitation and provide positive accomplishments since his or her conviction (for example: program completion, community involvement, educational achievements, employment history and volunteer service).
• Provide proof of such accomplishments where applicable (for example: certificates of completion, commendation letters, proof of degrees attained, etc.). If you intend to seek a pardon to prevent deportation, please submit copies of court documents or hearing notices sent by the U.S. Immigration and Customs Enforcement.
• Optional: Provide letters of support from family, friends or community members.

Note on Voting Restoration Pardons: Unlike commutations, and other pardons, there is no application or process for applying for a pardon specifically to acquire voting rights while under parole supervision. The Department of Corrections and Community Supervision (DOCCS) submits a list of all individuals currently under community supervision to the Governor’s office, and will send a monthly list of individuals released to community supervision during the prior month. Each eligible individual on the list will be considered for a voting restoration pardon.

For Commutations

• No request form is necessary.
• Write a letter describing the applicant’s need for a commutation and examples of rehabilitation and provide positive accomplishments since his or her conviction (for example: program completion, community involvement, education achievements, employment history and volunteer service).
• Provide proof of such accomplishments (for example: certificates of completion, commendation letters, proof of degrees attained, etc).
• Include the applicant's Social Security number, Departmental Identification Number (DIN) if available, NYSID Number, FBI Number, or Alien Registration Number for immigration cases.
• Optional: Provide letters of support from family, friends or community members.

Please send your application letter and supporting documents to:

New York State
Department of Corrections and Community Supervision
Executive Clemency Bureau
The Harriman State Campus – Building 4
1220 Washington Ave
Albany, NY 12226-2050

OR

Scan and email your application package to the following address: [email protected]

View more information about the clemency review process.

The following organizations provide resources and services related to criminal justice issues. This list is not a comprehensive list of NY organizations who provide resources and services related to criminal justice.

Center for Employment Opportunities

Correctional Association of New York State

DOE Fund

Exodus Transitional Community

Fortune Society

Legal Action Center

Osborne Association

Vera Institute for Justice