Orlando Clemency Attorneys Helping You Move Forward
You may have finished your sentence years ago, yet a Florida conviction can still limit your rights and choices. Executive clemency can provide a path to relief, but the state reviews each request closely. Because careful preparation matters, at The Law Office of Corey I. Cohen & Associates, we help people in Orlando understand their options and prepare a clear case for relief. Our team includes former prosecutors, former public defenders, a former judge and a board-certified criminal trial specialist. We have also earned numerous awards and more than 1,300 five-star reviews from former clients.
Understanding Executive Clemency In Florida
Executive clemency lets Florida’s executive branch grant relief outside the trial court process. The type you need depends on your conviction and the rights you want restored or penalty you want addressed.
Florida recognizes several forms of executive clemency:
- Full pardon: Provides broad pardon relief for a Florida conviction and restores civil rights, including firearm authority.
- Pardon without firearm authority: Gives pardon relief while leaving firearm restrictions in place.
- Commutation of sentence: Shortens or otherwise changes an existing sentence.
- Remission of fines or forfeitures: Provides relief from qualifying fines or forfeitures but does not eliminate victim restitution.
- Restoration of civil rights: Returns qualifying civil rights while leaving firearm restrictions unchanged.
- Specific firearm authority: Allows an eligible person to regain firearm rights lost because of a qualifying Florida felony conviction.
The right request depends on your goal. Someone who lost firearm rights after a Florida felony can seek specific firearm authority if eligible. Voting rights follow separate rules, so clemency is not always necessary to regain the right to vote.
Clemency also differs from sealing and expungement, which can limit access to eligible criminal records rather than forgive a conviction. That distinction can help you identify the relief that fits your situation.
Meeting Florida Clemency Eligibility Requirements
Florida has different rules for each type of clemency. For a pardon, you generally must finish every part of your sentence. Then, at least 10 years must pass after the time-based parts end. A request for firearm authority generally has an eight-year wait.
Other rules can also affect your request. Pending charges, outstanding detainers or unpaid victim restitution can block or delay relief. Because each type has its own rules, you should first decide which form of relief fits your case.
Restoration of civil rights follows a separate path. Some people can qualify without a hearing after they finish their sentence. They must also meet the other rules. Others must appear at a hearing. Your record, money you still owe, citizenship status, where you live and any later charges can affect which path applies.
These issues can also tie into other post-conviction matters. Probation, sentence completion and unpaid obligations can affect when you are ready to seek relief. Reviewing them early can show what you still need to address before you apply.
Where the conviction came from also matters. Florida can pardon Florida convictions and restore firearm authority lost because of a qualifying Florida conviction. It cannot pardon federal, military or out-of-state convictions. Still, a Florida resident with a federal or out-of-state conviction can seek restoration of certain Florida civil rights. The President must grant a federal pardon. Relief from an out-of-state conviction usually depends on that state’s law.
Who Has Authority To Grant Executive Clemency In Florida?
The Governor and three members of the Florida Cabinet make up the Board of Executive Clemency. The Cabinet includes the Attorney General, Chief Financial Officer and Commissioner of Agriculture. A clemency grant generally requires the Governor’s approval and approval from at least two Cabinet members.
Clemency, therefore, differs from a normal court motion. The Governor has broad power to deny a request, and you do not have a guaranteed right to a hearing. Meeting the basic requirements does not mean the board will grant relief. Your petition still needs to explain why the board should act in your case.
Navigating The Florida Clemency Process
The process starts with an application to the Office of Executive Clemency. Applicants generally need certified court records, including the charging document and judgment and sentence. You can also submit character references, letters of support and a personal statement.
Once your application meets the filing rules, the Florida Commission on Offender Review can investigate your case and prepare a report and recommendation for the Clemency Board. The Commission can also request more information. Some cases later go before the board for a hearing.
If the board schedules a hearing, you can appear and speak in support of your request. Attendance is not always required, but the board encourages it when a hearing occurs. This stage gives you a chance to explain your history and reasons for seeking relief.
We can help you choose the proper form of relief and identify issues that can affect eligibility. We can also gather court records, prepare you for an interview or hearing and present your history clearly. This preparation helps give the Board an accurate record of what has changed since your conviction and why you seek clemency.
Take The Next Step Toward Clemency
Executive clemency is not automatic, and no lawyer can promise that the board will grant your request. Still, careful preparation can help you avoid filing errors and present an accurate record. The Law Office of Corey I. Cohen & Associates brings broad criminal law experience to this work, along with numerous professional honors and a long history of satisfied former clients.
If you want to know if clemency could be an option for your Florida conviction, we can review your situation and explain your next steps. Call 407-680-2093 or contact us online to schedule a free initial consultation.