How to Get a Pardon from the Governor of Oklahoma under the New Sept. 2024 Rules
On September 11th, 2024, the Oklahoma Pardon and Parole Board’s new pardon eligibility rules came into effect.
Any pardon application filed on or after that date must meet the following requirements:
First, you were convicted or received a deferred sentence on a felony or misdemeanor in Oklahoma District Court, or a drug/alcohol offense in Oklahoma Municipal Court. Traffic cases are not eligible for a pardon at this time.
Example: You received a misdemeanor deferred sentence for Driving Under the Influence in 2001, a felony suspended sentence for Possession of CDS with Intent in 2005, and a Speeding ticket in municipal court in 2010. The CDS and DUI qualify for pardon consideration, but not the Speeding ticket.
Second, you must also satisfy ONE of the following from (A), (B), or (C):
(A) You have discharged all of your sentences, including “paper time”, at least five years prior to filing your pardon request.
Example: if you wanted to file for pardon on 09/11/2024, all of your sentences must have been completed on or before 09/11/2019, including unsupervised paper time. People are often mistaken about when their sentence actually ended, and forget to include unsupervised paper time. If you are unsure, contact our office and we will tell you, free of charge.
(B) You have successfully completed five years of parole or probation immediately prior to filing the application. If you were supervised within the last five years, you are also required to include a favorable reference from your probation officer.
Example: you received a 30 year suspended sentence for Possession of CDS in 2005, which ends in 2035 (Yes, this happens). You were released from supervision by DOC in 2007. You want to file for a pardon in 2015, but you are worried because your sentence is still running. In this scenario, you are eligible for pardon consideration, because you have been on probation for more than 5 years (i.e. you qualified as of 2010). You are not required to get a reference from your probation officer, because your DOC supervision ended more than 5 years ago in 2007.
Second Example: again, you received a 30 year suspended sentence for Possession of CDS in 2005, which ends in 2035. You were released from supervision by DOC in 2007. You want to file for a pardon in 2010 (the earliest possible date). In this scenario, you are still eligible for pardon consideration, but because you were being supervised in the last five years (you didn’t finish until 2007), you are required to get a favorable reference from your probation officer. Note that if you waited until 2013, you no longer need a reference from your probation officer, as it has been more than five years from the completion of your supervision.
Note that this has spawned “the qualification gap”. If you are still serving your sentence, and have served at least five years, you can apply for a pardon as described above. However if you finished your sentence, you have to wait five years prior to applying. People who are sitting in the five year gap between the two dates are not eligible for a pardon under the new rules, and will have their applications rejected by Board staff until the five year mark has passed.
(C) You can also be certified by the Governor for pardon consideration, per 57 O.S. § 332.2(A). This is for people who are personally connected to the Governor, and the Governor is willing to publicly seek to pardon you. I am not aware of this ever happening, with either Governor Stitt or Governor Fallin.
Third, you must also have paid all of your fines, fees, restitution, supervision fees, court costs, etc. in full.
Note that in approximately 20% of our cases, people still owe supervision fees, fines, or court costs, even though they finished their sentence successfully. Although you would think that law enforcement would catch these unpaid balances, they often fall through the cracks. If the unpaid balance is small enough, we generally recommend paying it off so that the pardon application can proceed quickly. If the unpaid balance is large enough ($5,000+), we can file to have some or all of your balance forgiven. Contact us if you believe you have an outstanding balance, and we can help you determine which route to take.
Fourth, you must also not have any new or pending charges, unresolved detainers, warrants, tax liens, or child support arrearages.
Example: you filed for pardon in September 2024, you’ve completed your investigation, and you are now waiting on your hearing date with the Board. In August, 2025, you get a new misdemeanor DUI. As you have a new charge, you have to start the pardon process over completely, and we cannot refile your pardon until five years have passed from the completion of your sentence on the new misdemeanor - likely in 2030, or later. Please stay out of trouble!
Second Example: in the 1980’s, you wrote a hot check while on vacation in a tiny town and forgot about it. The town issued a warrant for you, but because the warrant is so old and the town is so tiny, it’s no longer “in the system”, and no one is aware that it exists - until it is found during your pardon investigation. In this scenario, your application will have to be withdrawn and we will have to resolve the old warrant prior to proceeding with your pardon.
Third Example: you are self-employed and had trouble getting organized to pay your taxes. The State put a lien on your property for the back taxes, but you haven’t had time to worry about it because you’re busy running a business. In order to receive pardon consideration, the new rules require that the lien be paid in full prior to filing for a pardon. In certain circumstances, our office can bypass this requirement: contact us directly if you have an outstanding lien.
Fourth Example: you had trouble finding a decent job with a felony record, and you fell behind on your child support. You accumulated an arrearage of $3,000. The new rules require that the arrearage be paid in full prior to you being eligible to file for a pardon, and you have to stay current on your monthly payments while the pardon is ongoing. Again, in certain circumstances, our office can bypass this requirement: contact us directly if you have a child support arrearage.
Fifth, you must also not currently be in jail or prison.
People who are currently incarcerated should apply for a commutation, not a pardon. Although this can be semantically confusing for attorneys, this is how the Board has chosen to bifurcate it’s processes - commutation if you’re in, pardon if you’re out.
Sixth, you must also not have been denied a pardon within the previous three (3) years.
Note that this rule was previously one year - so if you were denied in 2024, you used to be able to refile in 2025. Under the new rules, you have to wait until 2027.
Overall, the new rules did the following:
It formalized “the five year rule”. Previously, cases could be recommended for a pardon, in certain cases, even if five years had not elapsed from the completion of your sentence. Now those applications will be automatically rejected by Board staff.
It spawned “the qualification gap”. Now, you can apply while you are still on your sentence, but if you finished your sentence, you have to wait 5 years. This creates a gap in qualification, which serves no criminal justice purpose and creates an appearance of unfairness. As an example, lets say a person is serving a 15 year suspended sentence, which ends on 09/15/2024. If they apply for a pardon on 09/14/2024, they’re totally fine - but if they apply two days later on 09/16/2024, they’re barred for five years? That’s hard to reconcile.
It strengthened the secondary requirements. Previously, it was simple to mitigate problems with back taxes, old warrants, and child support arrearages. Now, the rules-as-written are more strict, and it will take an experienced attorney to successfully guide clients through those issues.
Hope that is useful! If you have any questions, please get in touch - we’re always here to help.
Cheers, Michael
