Ala. Admin. Code r. 640-X-7-.01 - Pardons
(1) An individual
applying for a pardon with or without restoration of civil and political rights
may appear at any Bureau office to complete and/or submit an application (Form
ABPP-3) or may submit an application by mail or electronically to the Bureau.
Except as authorized by the Rosa Parks Act (Code of Ala.
1975, Sections
15-22-90 through 92) and the Scottsboro Boys Act (Code of Ala.
1975, Sections
15-22-110 through 115), no pardon investigation will be completed except at the request
of the person whose conviction is at issue. Applications submitted under the
Rosa Parks Act or the Scottsboro Boys Act shall comply with the requirements
put forth for such applications by Alabama law. The Board will consider pardons
for convictions in the courts of the State of Alabama for violations of state
law. The Board will also consider pardons for convictions in the courts of the
United States or of other states if the petitioner is, at the time of
application and consideration, an Alabama resident.
(2) To be considered for a pardon, an
applicant must have either completed his or her sentence or have successfully
served at least three (3) years on parole for the sentence for which the
applicant seeks a pardon.
(3)
Notwithstanding the foregoing, a pardon based on innocence may be granted upon
the unanimous affirmative vote of the Board following receipt and filing of
clear proof of his or her innocence of the crime for which he or she was
convicted and the written approval of the judge who tried his or her case or
district attorney or with the written approval of a circuit judge in the
circuit where he or she was convicted if the judge who tried his or her case is
no longer serving.
(4) Pardon
applicants must fully cooperate with investigation of his or her criminal
history, personal and social history, and the circumstances of the
crime.
(5) When the pardon
application and investigation is complete, the case will be docketed for
consideration by the Board subject to notification as required by
law.
(6) If the Board votes to
grant a pardon, the Board will also decide whether to restore any or all civil
and political rights lost as a result of the conviction. As required by law,
Board Members shall provide the reasons supporting their decision to grant a
pardon in the file. The Board's order granting a pardon will be made a matter
of public record. All other portions of the file shall remain subject to
statutory privilege.
(7) If the
Board declines to grant a pardon and/or to restore any or all civil and
political rights, the applicant may not re-apply until at least two (2) years
have passed from the date of Board action, unless otherwise expressly ordered
by the Board.
Notes
Authors: Meridith H. Barnes, Laura B. Mest, Greg Locklier
Statutory Authority: Code of Ala. 1975, ยงยง 15-22-21, 15-22-36, 15-22-37.
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