Commutation or Pardon

Commutation or Pardon in Encino

Trial-Tested Advocacy for Commutation & Pardon Applications in the San Fernando Valley

Executive clemency offers a path forward for two distinct situations: a commutation can reduce or end a sentence still being served, while a pardon can restore certain rights after a sentence has been completed. Both are granted solely by the California Governor, not through the courts. Both require a strategic, well-documented application. Law Offices of Colleen O'Hara assists Encino residents and clients throughout the San Fernando Valley with both forms of relief.

Attorney Colleen O’Hara has tried more than 200 cases, including over 50 before becoming licensed. That litigation background shapes how the firm approaches clemency petitions: every application is built and argued as if it can face scrutiny, because it can. Free consultations are available, and the firm offers Spanish-speaking services. Hablamos español.

If you or a loved one is pursuing a commutation or pardon application in the Encino area, contact Law Offices of Colleen O'Hara at (213) 996-0529 to schedule a free consultation.

How Law Offices of Colleen O'Hara Builds a Clemency Application

The firm begins with a full review of the record: court documents, disciplinary and programming records from the California Department of Corrections and Rehabilitation, and any prior filings. For clients with Los Angeles County convictions, that means pulling records from the relevant Los Angeles Superior Court and confirming nothing is missing before the narrative is drafted.

The rehabilitation narrative is the core of any successful petition. The firm drafts an account that accepts responsibility directly and documents change through concrete evidence: employment history, education and vocational certificates, treatment completion, family relationships, and community service. The goal is a picture the Governor’s Office can evaluate, not a summary of good intentions.

Supporting evidence is assembled in parallel: certificates and transcripts, counseling records, employment offers or histories, letters from community members and mentors with personal knowledge of the applicant, and a reentry plan that addresses public safety directly. The firm handles procedural compliance as well, including timely service of the Notice of Intent to Apply for Clemency on the Los Angeles County District Attorney where required. After filing, the firm monitors the petition, responds to any inquiries from the California Board of Parole Hearings, and supplements the record as the review proceeds.

Commutation of Sentence in California: What It Is & Who Qualifies

A commutation is a form of executive clemency under Article V, Section 8 of the California Constitution. It can reduce or eliminate a remaining prison term, make an applicant immediately eligible for parole, or convert a life-without-parole sentence to a term of years. It doesn’t erase the conviction or restore civil rights.

Anyone currently serving a California state sentence may apply, including those sentenced to death or life imprisonment. The only individuals ineligible under the California Constitution are those who have been impeached.

What the Governor considers:

The severity of the offense and extent of harm to victims
The applicant’s age at the time of the offense and time served
Conduct while incarcerated and participation in rehabilitation and educational programs
Remorse and restitution paid to victims
Evidence of low risk to public safety
The reentry plan

If the applicant has two or more felony convictions, the Governor can’t grant the commutation without a recommendation from the California Supreme Court, with four justices concurring. For Los Angeles County convictions, the applicant must serve a Notice of Intent to Apply for Clemency on the Los Angeles County District Attorney before submitting the application.

The application requires a complete list of convictions, a description of the offense and its circumstances, a detailed account of rehabilitation and self-development since sentencing, and the specific reason for seeking commutation. Medical records may be included when the application is based on chronic or terminal illness. There is no application fee and no court hearing. If an application is denied, a reapplication may be submitted after three years. The California Board of Parole Hearings investigates all applications and makes a recommendation to the Governor, who isn’t bound by that recommendation and isn’t required to act on any set timeline.

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Why Encino & San Fernando Valley Clients Choose Law Offices of Colleen O'Hara

Clemency applications are highly discretionary. The Governor’s Office isn’t required to grant or even consider a petition. What applicants can control is the quality and completeness of what they submit. That’s where trial-tested preparation makes a difference.

The firm’s record of more than 200 trials, including more than 50 before attorney O’Hara was licensed, means the firm understands how decision-makers evaluate evidence and argument. That discipline carries directly into every clemency petition. The firm’s caseload grows primarily through word-of-mouth referrals, a reflection of the hands-on, personalized approach clients experience throughout the process.

For clients with Los Angeles County connections, the firm understands how local courts, the Los Angeles County District Attorney’s office, and community organizations document and evaluate rehabilitation. That knowledge informs how a client’s record is presented to the Governor’s Office. The firm also assists clients in developing community-rooted reentry plans that speak directly to the public safety factors the Governor weighs.

Transparent pricing and flexible payment options are available. Free consultations can be scheduled by phone or through the online contact form. The firm serves clients in Encino, throughout the San Fernando Valley, and across the greater Los Angeles area.

California Governor’s Pardon: Eligibility, Pathways, & What It Restores

A pardon is executive clemency for individuals who have already completed their sentence. It represents formal recognition of rehabilitation, not erasure of the conviction. The record remains public, but a pardon can restore certain rights and carries real practical consequences.

What a pardon may restore:

Eligibility for state professional licenses that were revoked or denied due to the conviction
The right to serve on a jury
Eligibility to work as a county probation officer or state parole agent
For certain qualifying offenses, combined with a Certificate of Rehabilitation, potential relief from the duty to register as a sex offender

A pardon doesn’t automatically restore firearm rights. That process is governed separately and subject to additional requirements. A pardon also doesn’t seal or expunge the conviction from the public record.

For lawfully present non-citizens, a California governor’s pardon may serve as a defense against deportation for certain criminal grounds of removal under Section 237 of the Immigration and Nationality Act. This is a significant consideration for many Los Angeles County residents and their families, and immigration counsel should be consulted.

General Eligibility

Applicants must be discharged from custody, have completed parole or probation, have no subsequent conviction since release, and have maintained California residency for at least five years before filing. The rehabilitation period is typically seven to ten years from completion of probation or parole. Applicants with more than one felony conviction require a recommendation from the California Supreme Court, with four justices concurring, before the Governor may grant a pardon.

Two Pathways to a Pardon

The first is a Certificate of Rehabilitation, obtained from the Superior Court in the county of current residence. When the court grants the certificate, it automatically becomes a pardon application forwarded to the Governor’s Office. The second pathway is a direct pardon application submitted to the Governor’s Office for those who don’t qualify for a Certificate of Rehabilitation.

Both pathways require serving a Notice of Intent to Apply for Clemency on the Los Angeles County District Attorney for cases with Los Angeles County convictions. There is no application fee for a direct pardon application. The California Board of Parole Hearings investigates pardon applications and makes a recommendation to the Governor, who retains full discretion and isn’t bound by any timeline.

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Start Your Clemency Consultation in Encino

Whether you’re pursuing a commutation for a loved one still serving a sentence or a pardon to restore rights after completing one, the process rewards preparation. Law Offices of Colleen O'Hara offers free consultations for Encino and San Fernando Valley residents considering a clemency application.

Contact Law Offices of Colleen O'Hara at (213) 996-0529 or use the online contact form to schedule your free consultation. Hablamos español.

Commutation vs. Pardon: Which Applies to Your Situation

The two forms of California executive clemency serve different situations and aren’t interchangeable. Understanding the difference is the starting point for any clemency strategy.

If the applicant is still serving a sentence, a commutation is the relevant remedy. It can shorten the remaining term, convert a life-without-parole sentence to a term of years, or make the applicant immediately eligible for parole. It doesn’t erase the conviction or restore civil rights.

If the applicant has completed the sentence, a pardon is the relevant remedy. It recognizes rehabilitation and may restore certain rights lost upon conviction, including professional licensing eligibility, jury service, and in some cases relief from sex offender registration requirements. A pardon also doesn’t erase or seal the conviction from public records.

Neither form of clemency is guaranteed. Both require serving notice on the district attorney in the county of conviction, and both are granted solely at the Governor’s discretion with no fixed timeline for a decision.

In some cases, a commutation can come first. Once a commuted sentence is completed and a post-release record is established, a pardon application may follow. The two remedies can be part of a longer strategy rather than a single choice.

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