New Jersey Clemency/Pardon

We are thrilled to announce the launch of our Clemency and Pardon Application Preparation Services in response to Governor Phil Murphy’s historic initiative. On June 19, 2024, Governor Murphy issued Executive Order No. 362, detailing a comprehensive clemency framework to address longstanding inequities in New Jersey’s criminal legal system.

This landmark initiative, which includes establishing the state’s first Clemency Advisory Board, represents a significant step toward justice and equity, particularly for those impacted by harsh and outdated sentencing practices. As we embrace this opportunity for transformative change, Katherine O’Brien Law is here to provide guidance and dedicated support to individuals seeking clemency/pardons, ensuring they have the best possible chance at a fresh start and a fair second chance.

Advancements and Ongoing Challenges in New Jersey’s Criminal Justice Reform

In recent years, New Jersey has made notable progress in reducing its prison population, declining from around 19,500 inmates in 2018 to 13,000 in 2024. The state has also taken significant steps to lessen the long-term impacts of convictions and remove barriers for individuals entangled in the justice system. These efforts include reforms to streamline expungement processes, restore voting rights for people on probation and parole, and implement other transformative measures.

However, much work remains. New Jersey’s criminal justice system still ranks among the highest in the nation for racial disparities, with over 150,000 individuals either incarcerated or under community supervision. Many of these individuals have served—or continue to serve—disproportionately harsh sentences that often do not align with the severity of their crimes or their level of culpability.

Clemency is therefore a vital tool in addressing these systemic issues. It serves as a means to soften the impact of a criminal justice system that frequently misses the mark on delivering true justice. By offering a pathway to correct overly punitive sentences, clemency helps to address past injustices on an individual level and restore a sense of fairness.

Exploring Clemency and Its Effects on Criminal Records

Clemency provides individuals convicted of criminal offenses an opportunity for relief from various forms of court-ordered supervision, including incarceration, probation, and parole, and helps ease the burdens associated with a criminal record.

Types of Clemency: Pardons and Commutations

Pardons: Pardons are typically granted after an individual has completed their sentence. They free them from future penalties and punishments linked to their conviction. They can restore certain legal rights, such as the right to serve on a jury and remove obstacles to professional licensure and employment opportunities.
Commutations: These apply to individuals who are still serving their prison or community supervision sentences. Commutations reduce the length or severity of the sentence but do not alter the fact of the conviction. Consequently, the associated civil and legal consequences may still apply.

In New Jersey, the Governor has exclusive authority over all executive clemency decisions. While the Governor may seek advice from a board or advisory body, the final decision rests solely with the Governor.

Expungement Eligibility After a Pardon

Notably, once an offense is pardoned, it becomes eligible for expungement—even if it was previously ineligible under New Jersey law. This allows individuals who receive a pardon to take the additional step of clearing their criminal record, effectively removing the conviction from public view and gaining a fresh start. Expungement can unlock access to new job opportunities, housing options, and other benefits that come with a clean record.

Thorough and Expedited Review for Clemency Applications

Each clemency application will receive individualized and thorough consideration. However, certain categories outlined in the Executive Order are more likely to warrant executive clemency and will be expedited for review.

Expedited Review for Individuals Who Have Completed Sentences

Applications will be expedited if they meet at least one time-based criterion and one offense-based criterion:

Time-Based Criteria:

More than ten years have elapsed since the applicant completed their most recent sentence.
If the applicant is currently at least 60 years old, more than five years have elapsed since the most recent sentence.
If the applicant was 25 years old or younger at the time of the offense, more than five years have elapsed since the most recent sentence.

Offense-Based Criteria:

The applicant does not seek clemency for a No Early Release Act (NERA) offense.
The applicant seeks clemency for a conviction of a crime or offense that is no longer illegal.
There is no objection from the Prosecutor in any county where the applicant was convicted.
The Conviction Review Unit (CRU) within the Office of the Attorney General has referred the application.

Expedited Review for Individuals Currently Serving Sentences

Applications will be expedited if they meet at least one of the following requirements:

The applicant is a victim of domestic or sexual violence or sex trafficking and was convicted of a crime or offense against the perpetrator of that abuse or committed under duress or coercion.
The applicant was subject to an excessive trial penalty.
The applicant seeks clemency for a conviction of a crime or offense that is no longer illegal.
The applicant seeks clemency for a conviction that would have resulted in a less severe sentence under current law or policy.
The CRU within the Office of the Attorney General has referred the application.

Exclusions from Expedited Review

Expedited consideration will not be given to applications for crimes involving public corruption, if the applicant has pending charges, or if the applicant has been convicted in another jurisdiction since the offense for which they seek clemency and a clemency application for that conviction would be ineligible under New Jersey state law.

Expected Rise in Clemency Applications and the Review Process

Following the announcement of the clemency initiative, the Governor’s Office expects a significant influx of applications for executive clemency. Due to the volume of applications and the necessity for the Advisory Board and Governor to carefully review each one, evaluating and making clemency determinations can vary significantly, taking anywhere from six months to several years.