Apply for Clemency

Under the New York State Constitution, the Governor of New York has the power to grant clemency to individuals who have been convicted of crimes under New York State law. The Governor cannot grant clemency for federal convictions or convictions from other states or countries.

The most common forms of clemency are commutations and pardons. In general, a commutation is a reduction in the length of a person’s sentence, while a pardon provides relief from some or all consequences of a criminal conviction.

Clemency is an extraordinary form of relief. Typically, clemency will only be considered in circumstances where there is no other administrative process that can provide the type of relief a clemency applicant is seeking. For more information about forms of relief other than clemency, please see Other Forms of Relief below.

To be considered for clemency, you need to submit an application to the Executive Clemency Bureau. Your attorney, or another representative such as a family member, can also submit an application to the Executive Clemency Bureau on your behalf. Please note that new clemency application forms have recently been posted to this webpage as part of efforts to increase communication and transparency in the clemency process. These application forms provide individuals with guidance about the type of information that should be included in an application.

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 correctional facility records. The Bureau then sends completed applications to the Governor’s Office for review.

Please see below for more information about the clemency process, including pardon and commutation application forms and instructions about how to apply.

Pardons can provide relief for some or all of the consequences of a criminal conviction, including, for example, challenges related to finding housing, obtaining certain types of employment or licenses, and the threat of deportation or inability to re-enter the country for individuals who are not U.S. citizens. Pardons do not expunge a criminal conviction from your New York State record.

Anyone who has been convicted of a crime under New York State law can apply for a pardon. However, 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. Other factors that pardon applications should address include, but are not limited to:

• Rehabilitation: Applicants should show that they have made positive changes to their lives since their last conviction, and that they are contributing members of their communities. Applicants may demonstrate this kind of rehabilitation, for example, through accomplishments in employment, education, or through family or community service.
  
• Time: The amount of time that has passed since an individual has been convicted of a crime is a factor in demonstrating rehabilitation. Applicants should be aware that pardons are typically not considered for individuals with very recent criminal convictions.
  
• Need: Applicants should clearly explain why they need a pardon, using specific examples of how they are disadvantaged by their conviction and how a pardon would help.

Unless there are exceptional and compelling circumstances, a pardon is generally not considered if the applicant has other administrative remedies available to them, such as a certificate of good conduct or a certificate of relief from disabilities, pursuant to provisions of Article 23 of the Corrections Law. For more information about these remedies and whether they can help you, please see the Other Forms of Relief section below.

A pardon application form is available here.

This type of pardon is offered to applicants who were convicted of a non-violent crime at age 16 or 17.

If you receive this pardon, the New York State Office of Court Administration has stated that it will restrict public access to your criminal history, meaning that it will not be available to private employers, landlords or other companies that seek this information.

The seven requirements to be eligible for this pardon are:

1. At least 10 years have passed since you were either convicted of the crime, or released from a period of incarceration for that crime, if applicable.
2. You have been conviction-free since that time.
3. You have been convicted of a non-violent offense.
4. You were not convicted of a sex offense.
5. You are currently a New York State resident.
6. You have paid taxes on any income.
7. You are a productive member of your community, meaning that you are working, looking for work, in school or legitimately unable to work.

A Youth Pardon application is available here.

A commutation of sentence reduces the length of an incarcerated person’s term of imprisonment. The Governor may commute a sentence in any way that she considers appropriate. For example, a commutation may reduce a sentence to allow an incarcerated person to be released immediately or on a specific date in the future. A commutation may also allow an incarcerated person to become eligible for parole at an earlier date.

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

• 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.

Anyone who meets the above criteria and who is incarcerated in a New York State correctional facility can apply for a commutation. Factors that applications should address include, but are not limited to:

• Rehabilitation: Applicants should be able to demonstrate that they have made exceptional strides in self-development and improvement during their incarceration. For example, this may include participation and leadership in rehabilitative programming, actions to address identified treatment needs, and significant accomplishments in education, professional development, or volunteer service.
  
• Conduct: An application should address the applicant's disciplinary record while incarcerated.
  
• Re-Entry: Applicants should be able to explain how they would plan to re-enter the community if they were released, and should be able to demonstrate that they would have the support structures necessary to succeed. For example, applicants may explain where they would live, where they would work, and whether there are individuals or organizations who would provide them with re-entry assistance.

A commutation application is available here.

Clemency is an extraordinary form of relief, and is typically only considered in circumstances where a person does not have any other administrative or legal remedies available to them to get the relief they are seeking.

Depending on your circumstances, you might be able to benefit from one of the following forms of relief other than clemency:

• Sealing a conviction: 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)
  
• Certificate of Relief from Disabilities/Good Conduct: A certificate of relief from disabilities or certificate of good conduct can restore certain rights and privileges that may have been automatically lost under New York State law due to your conviction(s), including rights and privileges related to employment and licensing opportunities. If you are granted a certificate, the certificate will remove disabilities caused by your conviction but it will not remove, seal, erase or expunge the underlying conviction. You will still have a conviction and will have to tell employers and licensing agencies about the conviction if they ask. A certificate also does not limit the right of a prospective employer or licensing agency from using their lawful discretion to refuse you employment, or to refuse to grant or renew any license, permit, or privilege. For more information, visit https://doccs.ny.gov/certificate-relief-good-conduct-restoration-rights.

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.

After you apply, you will be notified in writing when your application has been received. You will also be notified directly once a decision on your application has been made. If you are notified that your clemency request will not be granted, you will be able to reapply within the timeline specified on your notification letter.

Pardons

• Fill out a pardon application and gather supplementary materials. Be sure to fill out every section of the application.
  • Standard Pardon Application
  • Pardon for Non-Violent Convictions at Age 16 or 17 Form
• Wherever possible, provide documentation supporting the information included in your application (for example: copies of court documents related to your convictions; copies of documents related to immigration removal proceedings; proof of employment; copies of diplomas).
• Please note you may also provide letters of support from family, friends, or community members with your application.

For Commutations

• Fill out a commutation application and gather supplementary materials.
  • Commutation Application
• Be sure to fill out every section of the application, including providing examples of rehabilitation and positive accomplishments since the conviction (for example: program completion, community involvement, education achievements, employment history and volunteer service).
• Wherever possible, provide documentation supporting the information included in your application.
• Please note you may also provide letters of support from family, friends, or community members with your application.

Please mail send your application 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

If you can, please also scan and email your application package to the following email address: [email protected]

View more information about the clemency review process.

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

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