Wednesday, August 16, 2023

How the Georgia pardon process works in light of Trump's latest indictment

KEY POINTS

Georgia's RICO charge carries a mandatory minimum sentence of 5 years in prison if convicted.

In Georgia, a pardon is an "order of official forgiveness" only granted to those who have completed their sentence, according to the State Board of Pardons and Paroles' website.

A pardon "does not expunge, remove or erase the crime from your record," the website states. "It may serve as a means for a petitioner to advance in employment or education."

A pardon will also restore civil and political rights.

In Georgia, pardon power does not rest with the governor (aka Gov. Brian Kemp, a Republican) but with the State Board of Pardons and Paroles, a board within the state's executive branch.

The State Board of Pardons and Paroles is made up of five members who are appointed by the governor and then confirmed by the state Senate for a seven-year term.

"Once confirmed, members would be insulated from political pressures by the fact that no one official could remove them from office until they completed their terms," the State Board of Pardons and Paroles' website states.

To qualify for a pardon in Georgia, according to the State Board of Pardons and Paroles' website, you must have completed your sentence at least five years before applying. You must not have committed any crimes in those five years or have any pending charges, among other qualifications.

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