There are many forms of post-conviction relief potentially available to those convicted of serious crimes. Some defendants are eligible to vacate prior convictions. It is also possible to seal records after serving the sentence for a vacated or juvenile conviction.
In some cases, people may not be eligible to vacate a conviction or suppress a criminal record through traditional means in Washington state. Instead, their best option may be to request a pardon from the governor.
State-level pardons are an option in cases where new evidence shows that an individual did not commit a crime. A pardon petition could also be possible in scenarios where mitigating factors undermine the severity of the offense at issue.
What are mitigating factors?
Mitigating factors are details about a situation that can influence how the courts view criminal behavior. Frequently, defense attorneys present mitigating factors during sentencing hearings. They highlight circumstances that may motivate leniency toward their clients or explain why an otherwise upright individual may have engaged in criminal activity.
Mitigating factors could include youthfulness, chemical dependence, peer pressure and prior trauma. Additionally, during the pardon process, factors including changing social opinions on certain types of crimes and the length of the sentence already served could also become mitigating factors. A pardon can lead to the end of incarceration and even a clean slate for a defendant who may have already served years or decades of a sentence.
Every defendant hoping to pursue post-conviction relief has different options available to them. Seeking a pardon from the governor requires the submission of thorough paperwork and a compelling narrative. Defendants who have support from experienced legal professionals can potentially increase their chances of securing a pardon.