What You Need to Know About Getting a Pardon in Iowa

Every time a president leaves office, there is an interest.  What that interest is sometimes depends on party, but that's not why we're here.  Oh, we're here to party, just not a political party, ya dig?

We're here because, with each outgoing administration, there is something many of us pay attention to, and that is who gets a pardon.  I hear it's a long list of those who have committed crimes but are hopeful that, with the swipe of a pen, their crimes will be forgotten.  Well, almost.

Here's the thing about a presidential pardon. While it does return certain civil rights lost when a conviction is instituted, it does not remove, erase, or expunge the record of the conviction itself.  So, you can vote again, but there will still be a trail from the crime to the doorstep of the criminal individual.

How Do You Get a Presidential Pardon?

According to the Department of Justice, it starts with an application.  You must apply to the Office of the Pardon Attorney in the Department of Justice to start the process.

Next comes the review. The Pardon Attorney reviews your application and makes a recommendation to the president. The review may include looking at your court-martial and military service records, if applicable.  There are special resources for military personnel convicted of certain violations, and you can learn about that here.

Once the Pardon Attorney approves or denies your request, there are next steps.  If your request is denied, you're plum out of luck. Until next time? If your request is approved, it goes to the president's desk.

We're at a critical juncture here.  Just because it's on the president's desk doesn't mean it's a go when pen meets paper.  You could be denied as easily as approved.

What Can You Do To Up Your Chances of a Pardon?

The Department of Justice again says the pardon process is not a determination of innocence.  The president usually grants a pardon when the applicant has:

• Accepted responsibility for their crime
• Established good conduct after their conviction or release from confinement

So, how much responsibility, like a lot? Or a little?  Who is the arbiter of good conduct? I usually push people off the sidewalk into a puddle.  Today I did not do that.  Would that be establishing good conduct?

Is There Any Other Way to Be Pardoned?

You bet there is, my friend.  Here's how that goes by proclamation. A presidential pardon by proclamation is a way for a president to grant clemency to a defined group of people. The pardon is effective as of the date of the proclamation for individuals who fall within the defined group. An individual seeking a pardon through the proclamation should apply for a certificate of pardon.

Who Gives Pardons in Iowa?

Now that we've waded into the federal pardons, what about the great state of Iowa?  How do you go about getting a pardon or a sentence commuted?

The governor generally follows a policy where at least ten years must pass after someone has completed their sentence before they can be considered for a pardon. For restoring a person’s firearm rights, at least five years need to pass after they’ve finished their sentence.

The Governor of Iowa can only grant pardons for convictions in an Iowa court, with the exception of treason and cases of impeachment.  If you are in need of that relief, you may click here for the clemency form.

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What is Commutation and How Do You Get it?

The State of Iowa's website says A "commutation of sentence" is when the original prison sentence is shortened, either by years, months, or even days. In Iowa, the Governor can reduce a life sentence to a set number of years with the possibility of parole. They can also shorten certain mandatory minimum sentences to a lesser, more flexible sentence.

If someone is serving a life sentence in Iowa, they can apply for a commutation, but only once every ten years. If the governor approves the request, their life sentence could be reduced to a specific number of years.

However, it's important to note that the governor can only change sentences handed down by Iowa courts. They don't have the power to change sentences from federal courts or other states.

If you need your sentence commuted, you can click here for the form to do that.

And now, for your viewing pleasure, a beaver eating cabbage. Enjoy!