Executive Clemency Office
About the Governor's Executive Clemency Office
The Governor’s Executive Clemency Office provides information on the clemency process based on the guidelines set forth by N.C.G.S. § 147-21.
The office oversees and coordinates investigations, prepares reports, and drafts Executive Clemency Orders for the Governor.
The office also acts as the liaison between the Governor’s Office and various clemency stakeholders.
Governor's Executive Clemency Powers
North Carolina Constitution, Article III, Section 5(6) provides the Governor with the authority to grant Executive Clemency.
N.C.G.S. § 147-21: Statutory Guidelines for Executive Clemency
Every Application must:
- Be in writing.
- Be signed by the convicted party or someone on his/her behalf.
- Contain the grounds and reasons for Clemency.
- Be accompanied by certified copies of Indictment(s) and Judgment(s).
Types of Executive Clemency
A Pardon of Forgiveness is an official declaration that someone is forgiven for a previous conviction, relieving any punishments or obligations.
A Pardon of Forgiveness can be issued with conditions, restrictions, or limitations. (N.C.G.S. § 147-23)
The violation of any conditions may trigger revocation.
Note: A Pardon does not automatically expunge or erase someone’s criminal record or restore their right to own or possess a firearm. A Pardon does allow them to apply to restore their right to bear arms.
Pardons of Forgiveness Actively Pending Review (updated monthly)
A Pardon of Innocence can be issued upon the Governor’s satisfaction of Actual Innocence.
A Pardon of Innocence authorizes the individual to petition for compensation for wrongful Imprisonment with the N.C. Industrial Commission.
$50,000 per year, up to $750,000 maximum. (N.C.G.S. § 148-82-84).
A Pardon of Innocence also authorizes expungement of:
All Court Records (N.C.G.S. § 15A-149)
All DNA Records (N.C.G.S. § 15A-148)
Pardons of Innocence Actively Pending Review (updated monthly)
A commutation, or a sentence being commuted, means the sentence is altered by either reducing the amount of time or changing the type of sentence to be served. Examples of commutations include:
- The Governor may commute an active sentence to time served, resulting in the individual’s release.
- The Governor may commute an active sentence to make the individual parole eligible. Once eligible, the Post-Release Supervision and Parole Commission would determine potential release.
- The Governor may commute a Death Penalty sentence.
Note: Commutations may be granted with particular conditions attached. If granted with conditions, the offender will be subject to supervision, and violations of the conditions may result in arrest or revocation of the commutation.
Commutations Actively Pending Review (updated monthly)
Under N.C. Gen. Stat. § 15A-1380.5, individuals sentenced to life without parole for offenses committed between October 1, 1994, and November 30, 1998 are entitled to judicial review of their sentence after 25 years of incarceration.
- A resident superior court judge conducts the review, then makes a recommendation to the Governor as to whether the sentence should be altered or commuted.
- The statute has been repealed, and only applies to defendants sentenced to life without parole for offenses committed between October 1, 1994, and November 30, 1998.
Clemency Application Guidelines
The eligibility guidelines to petition for a commutation or pardon are listed below. The guidelines are at the discretion of the Governor's Executive Clemency Office, and are subject to change. They are not the only factors considered for clemency petitions. If you believe you are eligible, or would like help determining your eligibility, please contact the Governor's Executive Clemency Office.
Once your eligibility is confirmed, a formal petition will be provided with detailed instructions.
Commutations
- Class A and B1 felons must serve a minimum of five (5) years before applying.
- All others must serve a minimum of one (1) year before applying.
- No one can petition within one (1) year of their projected released date (PRD).
- No one can petition who has a new criminal convictions within the past one (1) year of incarceration.
- If denied, Class A and B1 felons must wait a minimum of five (5) years to reapply.
- All others must wait a minimum of three (3) years to reapply.
Pardons
- For a Pardon of Forgiveness, an applicant must wait five (5) years since their release from incarceration, probation, parole, post-release supervision, or conviction date, if no sentence was imposed.
- A Pardon of Innocence has no minimum wait period.
- No pending charges.
- If denied, must wait three (3) years to reapply.
Clemency Investigations and Considerations
The Governor's Executive Clemency Office coordinates clemency investigations to gather information, analyze petitions, and inform interested parties.
Victim Notification
Pursuant to N.C. Gen. Stat. § 15A-838, the Clemency Office will notify a victim when considering a commutation or pardon. The victim has the right to present a written statement prior to a final decision, and will be notified after the decision is reached.
District Attorney Notification
The Office of the District Attorney in the county of conviction will be notified and given an opportunity to provide their opinion or recommendation regarding a commutation or pardon.
Factors Considered for Clemency Petitions
The Governor's Executive Clemency Office reviews all relevant information concerning clemency petitions. Although not an exhaustive list of factors, the Clemency Office will consider:
Frequently Asked Questions
Please review the Clemency Application Guidelines on this page.
You may also contact the Governor’s Executive Clemency Office by phone or email to determine your eligibility. Please provide, or be prepared to provide, full name, date of birth, OPUS number (if applicable), crime, county of conviction, and contact information.
Once it has been determined you are eligible the Executive Clemency Office will provide you with a petition and detailed instructions on submitting your paperwork.
The granting of a commutation, pardon of forgiveness, or unconditional pardon does not expunge your record. Only the granting of a Pardon of Innocence authorizes expungement (see below).
Details regarding the expungement process can be found Expunctions | North Carolina Judicial Branch
You will be notified in writing once a final decision is reached. Until you receive that notification, you may assume your petition is still pending.
If you have a question about whether your petition is pending, you may view the appropriate 'Pending' list on this page, or contact our office.
919.324.1456
clemency@nc.gov
The clemency process is confidential. Therefore, reasons for denial may not be provided.
If you are eligible for Executive Clemency, your denial letter will provide you with a future date at which time you can reapply .