When you read about pardons in the news, it’s often related to presidential pardons for federal crimes, and it’s often not very encouraging. Do you have $2 million dollars? Is Kim Kardashian your best friend? If not, you may feel that you’re out of luck.
The good news is that Utah’s pardon system is remarkably reasonable, equitable, fair, and low-cost. Unlike other states, the governor in Utah does not grant pardons. Instead, that power rests with the five members of the Utah Board of Pardons, who are appointed to five-year terms. This removes much of the political considerations that are prevalent in other systems. Even the most idealistic governor has to make a calculation about what it would cost her or him to grant a pardon. The Board of Pardons, however, has more freedom to focus on what really matters: public safety.
When someone first commits a crime, it makes sense that we track that person and inform the public that this person might pose a risk to public safety. However, after enough time has passed without any new crimes, the evidence shows that the person’s risk of reoffense returns to a normal range. That means that if someone has been crime-free for five or ten years, their statistical risk to commit a new crime is the same as it would be for an average citizen. At that point, the stigma and restrictions of a criminal conviction become risk factors instead of safety precautions. If a person can’t get a job, loses a current job, can’t find housing, or is otherwise barred from civic participation, there is an increased chance that the person will commit a crime. Over time, what started out as a safety tool can become a risk to public safety. That is the core wisdom behind pardons, and it has nothing to do with how much money you have or how politically connected you might be.
By rule, Utah requires only three main things for a pardon:
1. There has to be at least five years since the termination of your last sentence.
That means five years since your probation or parole was terminated or you were terminated from prison. It’s not five years from the time of sentencing. There are exceptions to the five-year rule, but it’s rare and only for “extraordinary circumstances.” The time frame is important since it’s statically tied to a reduced risk of reoffense.
2. You have to exhaust judicial remedies first.
Courts can offer some post-conviction relief for a wide array of crimes. These remedies include a 402-reduction, which can retroactively decrease the level of offense, and an expungement, which seals the record of the offense. If you tried to use these options and were rejected or if the relief was insufficient to fix the barriers associated with a conviction, then you can apply for a pardon.
3. Fill out a pardon application.
You can find the pardon application and instructions here. The application is free. However, it does require a background check and a certificate of eligibility from the Utah Bureau of Criminal Identification, which usually has a cost.
If you meet those three requirements, the Utah Board of Pardons and Parole will fully consider your pardon application. It does not matter at all whether you have a lot of money or are politically connected.