What is Clemency in Wisconsin, and How Can it Help Me?

If you or a loved one is serving a sentence that feels unjust, excessively harsh, or no longer reflects the circumstances of your case, clemency may offer a path forward. Clemency is a formal act of mercy granted by a government authority, allowing sentences to be reduced, suspended, or erased entirely. It exists outside the traditional appeals process and can provide relief when the courts cannot. It helps your application when you have an experienced Appleton criminal defense lawyer at Hogan Eickhoff guiding you.

Clemency is a direct and special relief that you can only obtain directly from the Governor of Wisconsin. Clemency describes leniency that the Governor may give to you or an incarcerated loved one. It is an umbrella category that encompasses relief that can either reduce a jail sentence or eliminate the conviction altogether.

The following are forms of relief that you can receive through the clemency process:

A pardon completely forgives a criminal offense. If you have received a pardon, you may still have a criminal record, but some rights that you have lost will be restored to you.
A commutation leaves the conviction intact, but it reduces the penalties associated with the conviction. For example, the government may issue a commutation that allows an inmate to leave prison, reducing the sentence to time already served. One may receive a commutation when they have received a sentence that was disproportionate to the crime for which they have been convicted.
A reprieve is a temporary suspension of a sentence. One may receive a reprieve for personal hardship, such as a terminally ill family member to spend time with before they pass away.

Who Gives Clemency?

The person who grants clemency depends on whether a state or federal conviction is at issue. For the former, the Governor of Wisconsin alone has the power to issue clemency. If the conviction was on federal charges, the President of the United States can grant this relief.

When it comes to Wisconsin state law crimes, clemency may come at the conclusion of a review process. There are boards in place that are tasked with reviewing applications for pardons and communications. These boards will make a recommendation to the Governor, who may or may not choose to act.

The pardon and clemency boards may consider the following factors when there is an application in front of them:

The seriousness of the crime involved
The individual applicant’s criminal history
Whether there is the potential for rehabilitation (the boards may scrutinize what the applicant has done while they are incarcerated)
Acceptance of responsibility and remorse for the crime
The length and the fairness of the sentence
Victim and community impact
Whether the applicant still poses a danger to society

There is no predicting which factors a board may weigh more than others. For example, a board may focus on an excessive sentence more than other factors in an attempt to ensure that justice is fairly served.

Nobody has an automatic right to clemency. This right is one that is exercised by the Governor, and there is a considerable amount of discretion involved. Even if you present a very strong application for clemency, there is no guarantee that it will be granted. Your case may require multiple applications, and you can seek relief again after it has been denied at the conclusion of a waiting period.

What Are the Effects of Commutations & Pardons?

When one receives a pardon, it is often unclear what the exact impacts are. You will still have a criminal record. Whether all of your rights are restored to you depends on the order and the jurisdiction. You may still have the obligation to make restitution to the government or the victim of the crime. At the same time, your reputation can improve, and you may regain some or all of the civil rights that you lost when you were convicted.

It is important to note that commutation does not erase the conviction entirely, as a pardon would. If you receive a sentence commutation, you are still living with the aftereffects of the conviction, and there will still be impacts on your life. You may still find yourself facing the following effects in the future:

Having a criminal record for perhaps the rest of your life
Difficulty finding a job because employers can perform a background check
Trouble locating a place to live
Ineligibility to carry firearms
Potential impacts to your immigration status, if you are not a United States citizen

Should I Seek a Commutation or a Pardon?

The type of relief you should seek depends on the facts and circumstances of your situation. If you have a family member who is in prison and is experiencing difficulties, they may be better off requesting a commutation from the governor. You can also request a commutation when you are currently receiving a criminal penalty, such as probation or the restrictions that go along with being on parole. The effect of the commutation will lessen or end the punishment.

A pardon is a fitting option when you have already completed your sentence. At this point, you may be experiencing difficulties in society that go along with having a criminal record. A pardon can help you obtain relief from collateral consequences, and it can help restore your name. However, the conviction will still remain a matter of public record, and the fact that you received a pardon will also be known to the general public.

Contact an Appleton Criminal Defense Attorney

An Appleton criminal defense lawyer at Hogan Eickhoff can guide you through the process of seeking clemency from the Governor. We can help compile your application and advocate for you along the way. Schedule a free initial consultation with an Appleton criminal defense attorney by sending us a message online or by calling us today at (920) 450-9800. There may be post-conviction relief available to you, and we can help. Learn more about the ways we can help defend various misdemeanors and felonies including sex offenses, drug offenses, property crimes domestic violence, and violent crimes.