Ala. Admin. Code r. 640-X-7-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 640-X-7-.01 - Pardons

(1) An individual applying for a pardon with or without restoration of civil and political rights may appear at any Bureau office to complete and/or submit an application (Form ABPP-3) or may submit an application by mail or electronically to the Bureau. Except as authorized by the Rosa Parks Act (Code of Ala. 1975, Sections 15-22-90 through 92) and the Scottsboro Boys Act (Code of Ala. 1975, Sections 15-22-110 through 115), no pardon investigation will be completed except at the request of the person whose conviction is at issue. Applications submitted under the Rosa Parks Act or the Scottsboro Boys Act shall comply with the requirements put forth for such applications by Alabama law. The Board will consider pardons for convictions in the courts of the State of Alabama for violations of state law. The Board will also consider pardons for convictions in the courts of the United States or of other states if the petitioner is, at the time of application and consideration, an Alabama resident.

(2) To be considered for a pardon, an applicant must have either completed his or her sentence or have successfully served at least three (3) years on parole for the sentence for which the applicant seeks a pardon.

(3) Notwithstanding the foregoing, a pardon based on innocence may be granted upon the unanimous affirmative vote of the Board following receipt and filing of clear proof of his or her innocence of the crime for which he or she was convicted and the written approval of the judge who tried his or her case or district attorney or with the written approval of a circuit judge in the circuit where he or she was convicted if the judge who tried his or her case is no longer serving.

(4) Pardon applicants must fully cooperate with investigation of his or her criminal history, personal and social history, and the circumstances of the crime.

(5) When the pardon application and investigation is complete, the case will be docketed for consideration by the Board subject to notification as required by law.

(6) If the Board votes to grant a pardon, the Board will also decide whether to restore any or all civil and political rights lost as a result of the conviction. As required by law, Board Members shall provide the reasons supporting their decision to grant a pardon in the file. The Board's order granting a pardon will be made a matter of public record. All other portions of the file shall remain subject to statutory privilege.

(7) If the Board declines to grant a pardon and/or to restore any or all civil and political rights, the applicant may not re-apply until at least two (2) years have passed from the date of Board action, unless otherwise expressly ordered by the Board.

Ala. Admin. Code r. 640-X-7-.01

New Rule: Filed April 9, 2002; effective May 14, 2002.

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 04, January 31, 2020, eff. 3/16/2020.

Authors: Meridith H. Barnes, Laura B. Mest, Greg Locklier

Statutory Authority: Code of Ala. 1975, §§ 15-22-21, 15-22-36, 15-22-37.