Current through Register Vol. 50, No. 3, March 20, 2024
A.
Executive Pardon. An executive pardon is a full pardon which unconditionally
releases a person from punishment and forgives guilt for any Louisiana
convictions. It restores an applicant to all of the rights of citizenship
possessed by the person before his or her conviction, including the right to
own, possess, or use firearms.
B.
Pardon without Firearm Authority. A pardon without firearm authority releases a
person from punishment and forgives guilt. It entitles an applicant to all of
the rights of citizenship enjoyed by the person before his or her conviction,
except the specific authority to own, possess, or use firearms.
C. Pardon for Misdemeanor. A pardon for a
misdemeanor conviction releases a person from punishment and forgives
guilt.
D. Commutation of Sentence.
A commutation of sentence may adjust an applicant's penalty to one less severe
but does not restore any civil rights, and it does not restore the authority to
own, possess, or use firearms.
E.
Specific Authority to Own, Possess, or Use Firearms. The specific authority to
own, possess, or use firearms re stores an applicant the right to own, possess,
or use firearms, which were lost as a result of a felony conviction. Due to
federal firearms laws, the pardon board will not consider requests for firearm
authority from individuals convicted in federal or out-of-state
courts.
F. First Offender Pardons.
For the purposes of this Section first offender means a person
convicted within Louisiana of a felony but never previously convicted of a
felony within Louisiana or convicted under the laws of any other state or of
the United States or of any foreign government or country of a crime which, if
committed in this state would have been a felony, regardless of any previous
convictions for any misdemeanors. Once such a pardon is granted, the individual
who received such pardon shall not be entitled to receive another such pardon.
Types of first offender pardons are listed below.
1. Offenders Sentenced after November 5, 1968
and before December 31, 1974. An offender sentenced after November 5, 1968 and
before December 31, 1974, who has never been previously convicted of a felony,
and who has completed serving their sentence, is eligible to apply for a
governor's first offender pardon. By Executive Order dated March 16, 2001, all
of these types of applications for clemency must be submitted to the pardon
board.
2. Offenders Sentenced on or
after January 1, 1975 and before December 27, 1999 (automatic first offender
pardon). A first offender sentenced on or after January 1, 1975 and who has
never been previously convicted of a felony shall be automatically pardoned
upon completion of his sentence without a recommendation of the pardon board
and without action by the governor. The Division of Probation and Parole of the
Department of Public Safety and Corrections has responsibility for the issuance
of this type of first offender pardon certificate. The certificate proclaims
that the offender has been restored all basic rights of citizenship, which
includes the right to vote, but does not specifically restore the right to own,
possess, or use firearms.
3.
Offenders Sentenced after December 27, 1999 (automatic first offender pardon).
A first offender sentenced after December 26, 1999 for a non-violent crime, or
convicted of aggravated battery, second degree battery, aggravated assault,
mingling harmful substances, aggravated criminal damage to property, purse
snatching, extortion, or illegal use of weapons or dangerous instrumentalities
never previously convicted of a felony shall be pardoned automatically upon
completion of his sentence without a recommendation of the Board of Pardons and
without action by the governor. The Division of Probation and Parole of the
Department of Public Safety and Corrections has responsibility for the issuance
of this type of first offender pardon certificate. The certificate proclaims
that the offender has been restored all basic rights of citizenship, which
includes the right to vote, but does not specifically restore the right to own,
possess, or use firearms.
4. No
person convicted of a sex offense as defined in
R.S.
15:541 or determined to be a sexually violent
predator or a child predator under the provisions of
R.S.
15:542.1 et seq. shall be exempt from the
registration requirements of
R.S.
15:542.1 et seq., as a result of a pardon
under the provision of this Subsection.
5. Any person sentenced on or after January
1, 1975 receiving a first offender pardon under these provisions may be charged
and punished as a second or multiple offender as provided in
R.S.
15:529.1
6. No first offender pardon may be issued to
a first offender unless that person has paid all of the court costs which were
imposed in connection with the conviction of the crime for which the pardon is
to be issued.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 15:572, 15:573.1, 15:574.12 and
44:1 et
seq.
