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 in N.C.G.S. § 147-21.
The office oversees and coordinates investigations, prepares reports, helps inform the Governor's clemency decisions, and drafts Executive Clemency Orders.
The office also acts as the liaison between the Governor’s Office and various clemency stakeholders.
The 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 certain punishments or obligations associated with that conviction.
- 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.
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 for $50,000 per year, up to $750,000 maximum. (N.C.G.S. § 148-82-84)
- Authorizes expungement of:
- All Court Records (N.C.G.S. § 15A-149)
- All DNA Records (N.C.G.S. § 15A-148)
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 parole eligible, the Post-Release Supervision and Parole Commission would determine potential release.
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.
Under former N.C.G.S. § 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 imprisonment.
- A resident superior court judge conducts the review, then recommends to the Governor whether the sentence should be altered or commuted.
- Judicial Review occurs every two years.
- The statute has been repealed and applies only 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 were established at the discretion of the Governor's Executive Clemency Office, are subject to change, and are not the only factors considered for clemency petitions. If you believe you are eligible for an act of clemency, 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, along 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).
- Applicants cannot have any 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 after their release from incarceration, probation, parole, post-release supervision, or their conviction date, if no sentence was imposed.
- A Pardon of Innocence has no minimum wait period.
- Applicants cannot have any pending charges.
- If denied, an applicant 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 Governor will consider:
- The crime and sentence
- The defendant's criminal history, current age, and age at the time of the offense
- The defendant's prison disciplinary record
- The defendant's rehabilitative efforts during incarceration
- The defendant's parole eligibility, if applicable
- The defendant's medical, mental health, or substance abuse history
- The victim's position
- The District Attorney's position
- Any appeals or motions pending
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 your 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 or Pardon of Forgiveness does not expunge your record. Only the granting of a Pardon of Innocence authorizes expungement.
Details regarding the expungement process can be found here: Expunctions | North Carolina Judicial Branch
You will be notified in writing when 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 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 denied, your denial letter will provide you with a future date when you can reapply for Executive Clemency. Please also review the Clemency Application Guidelines on this page.