Idaho Administrative Code
Title IDAPA 50 - Pardons and Parole, Commission of
Rule 50.01.01 - RULES OF THE COMMISSION OF PARDONS AND PAROLE
Section 50.01.01.550 - PARDON
Universal Citation: ID Admin Code 50.01.01.550
Current through September 2, 2024
A pardon may be considered for a person convicted of any misdemeanor or felony crime. A pardon does not expunge or remove the crime from the applicant's criminal history.
01. General. An application for a pardon may not be considered until a period of time has elapsed since the applicant's discharge from custody as defined below.
a. Applications for pardon for non-violent and non-sex crimes may be submitted for consideration no sooner than five (5) years after the satisfaction of the sentence on the crime for which they are requesting a pardon.
b. Applications for pardon for violent or sex crimes or other crimes against a person may be submitted for consideration no sooner than ten (10) years after the satisfaction of the sentence on the crime for which they are requesting a pardon.
c. In addition to the provisions of (a) and (b), applications for pardon for vehicular manslaughter pursuant to Section 18-4006(3)(b), Idaho Code or driving under the influence, including any violation of Sections 18-8004, 18-8004C, 18-8005 or 18-8006, Idaho Code, may be submitted for consideration no sooner than fifteen (15) years after that date which the applicant pled guilty to or was found guilty of such a crime.
d. A pardon application will not be considered while an offender is incarcerated or on supervision.
e. The Commission will determine whether a hearing will be granted and the applicant will be notified of the decision in writing.
02. Application. A pardon application can be obtained from the Commission office or on the Commission website.
a. The application must be completed and returned to the Commission office.
i. The completed application must include the reasons why the pardon is requested.
ii. The applicant may attach letters of recommendation or other documents to support the request.
iii. The applicant must include copies of all court judgments and conviction documents, as well as police reports for each crime for which a pardon is requested.
iv. A pardon may be requested only once during a twelve-month (12) period from the date of denial unless otherwise stated by the Commission.
v. An application may not be considered if there is significant law enforcement contact since sentence or discharge.
b. Upon receipt of the completed application and required documentation, eligible applications will be reviewed by the Commission. The Commission may request an investigation of the applicant by Commission staff. The report will contain the following:
i. A criminal records check will be conducted to include any law enforcement contact since the release from supervision or incarceration.
ii. The applicant's employment history since discharge from supervision or incarceration.
iii. The applicant's willingness to fulfill the obligations of a law-abiding citizen, including family information, community involvement, volunteer service, hobbies, and related interests.
iv. The applicant's employment and education status, including any professional or vocational achievements, training, and any additional information as deemed necessary or appropriate.
v. Confirmation that all restitution and fines as ordered by the sentencing court are paid.
vi. An interview with the applicant may be conducted and a summary of the interview provided. Said interview may be conducted in person or by electronic means.
03. Hearing. The scheduling of a hearing is at the complete discretion of the Commission. If a pardon hearing is scheduled, the Commission will determine the date of the hearing.
a. Notice of a pardon hearing shall be published in a newspaper of general circulation at least once a week for four (4) consecutive weeks immediately prior to the hearing.
b. A copy of the publication will be mailed to the prosecuting attorney of the county from which the petitioner was sentenced.
c. Victims of the offender will be notified in writing when a hearing is scheduled.
d. Written notice of the hearing date, time, and location will be sent to the applicant at the address given on the application or as otherwise requested.
i. The Commission shall make such appearance mandatory, or may deny the pardon.
e. The applicant will be given written notice of the decision and such notice will be sent to the last known address.
f. The decision and supporting documents regarding a pardon will be filed with the Secretary of State consistent with Section 20-1018, Idaho Code.
Effective July 1, 2024
Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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