For individuals serving time for state convictions in California, executive clemency—specifically a sentence commutation—is often the final legal remedy after all judicial appeals are exhausted.
Authorized under Article V, Section 8 of the California Constitution, Governor Gavin Newsom holds broad executive authority to reduce prison sentences or pardon individuals convicted of California state offenses.
Understanding the difference between clemency types, the statutory notification rules, and the application steps is critical to submitting a successful petition to the Governor's office.
Types of Executive Clemency in California
Clemency is an umbrella legal term encompassing five distinct forms of executive relief:
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Sentence Commutation: Reduces the length or severity of an active prison sentence. A commutation often reduces a life sentence or lengthy term, making the applicant immediately eligible for a hearing before the California Board of Parole Hearings (BPH). It does not erase the conviction.
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Governor's Pardon: Restores certain civil rights and provides official forgiveness for past crimes to individuals who have already completed their sentences and demonstrated rehabilitation. It does not expunge or erase the conviction record.
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Reprieve: Temporarily delays the execution or enforcement of a criminal sentence, most frequently utilized in capital cases (death penalty).
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Amnesty: An executive action granted to an entire class or group of individuals that completely wipes out legal records and liability for specified offenses.
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Restoration of Civil Rights: Restores specific constitutional privileges lost due to a felony conviction, such as voting rights or public office eligibility.
2-Step Application Process for a California Commutation
Submitting a commutation application to Governor Gavin Newsom requires strict adherence to California statutory notice requirements before the Office of the Governor will review the file.
Step 1: Formal District Attorney (D.A.) Notification
Under California law, applicants must formally notify the District Attorney in every county where they were convicted before submitting their application to the Governor:
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Obtain the official Notice of Intent to Apply for Executive Clemency form from the Governor's website.
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Send the notice to the District Attorney's office in each county of conviction (Certified Mail with Return Receipt Requested is strongly recommended to establish legal proof of delivery).
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The District Attorney may submit a written recommendation supporting or opposing the commutation and will notify the crime victims, who may also submit statements.
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Execute a Notarized Affidavit proving that notice was delivered to all required District Attorneys.
Legal Requirement: Under California law, the Governor must provide the District Attorney at least 10 days' notice before making a final clemency determination (except in rare emergencies involving imminent death or sentence expiration within 10 days).
Step 2: Complete and Submit the Executive Clemency Application
Once D.A. notification is complete, file the main application package directly with the Governor's Legal Affairs Office. The package must include:
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The completed, signed, and notarized Executive Clemency Application.
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The signed, notarized Affidavit of D.A. Notification.
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Detailed explanations of the underlying offenses and extraordinary evidence of in-custody rehabilitation (education, clean disciplinary records, community work).
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A Compensation Disclosure Statement revealing any financial payments made to third parties or attorneys assisting with the application process.
How California Commutation Applications Are Reviewed
The review process for a California commutation petition involves up to five distinct legal steps:
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Initial Review by the Governor's Office: The Governor's Legal Affairs Secretariat conducts a preliminary review of the submitted petition to ensure procedural compliance and verify that all required District Attorneys received formal notification.
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Victim and District Attorney Input: Prosecutors and crime victims review the notice of intent and submit formal statements or written recommendations to the Governor's office supporting or opposing the commutation.
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Investigation by the Board of Parole Hearings (BPH): The Governor typically refers viable commutation applications to the BPH. The Board conducts an in-depth background investigation, evaluates the applicant's in-custody rehabilitative record, and submits a formal, written recommendation to the Governor.
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California Supreme Court Review (Twice-Convicted Felons): Under Article V, Section 8 of the California Constitution, if an applicant has two or more prior felony convictions, the Governor cannot grant a commutation without the formal approval of a majority of the California Supreme Court. Before taking final action, the Governor submits the candidate's clemency file to the Supreme Court for judicial concurrence.
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Final Executive Decision: If all legal requirements are met—and Supreme Court approval is granted when required—the Governor makes the final executive determination to grant or deny the commutation.
Key Factors Governor Newsom Considers for Commutation
Because executive clemency is entirely discretionary, no single formula guarantees approval. However, the Governor's office evaluates specific rehabilitative and equity factors:
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Evaluation Category |
Key Considerations |
| In-Custody Rehabilitation | Educational achievements (degrees, vocational certifications), prison program completion, and sustained disciplinary compliance. |
| Youth and Age Factors | Age at the time of the offense, developmental maturity, and current age/health status of the applicant. |
| Impact and Remorse | Expressions of genuine remorse, efforts at victim restitution, and insight into past behavior. |
| Re-entry Strategy | Concrete post-release plans including housing, employment, substance abuse support, and community networks. |
| Law Enforcement Input | Written recommendations and opposition submitted by the prosecuting District Attorney, police agencies, and crime victims. |
| Intimate Partner Battery | Evidence that the applicant was a victim of intimate partner violence or human trafficking that contributed to the offense. |
Frequently Asked Questions (FAQs)
What is the primary difference between a sentence commutation and a pardon in California?
A commutation reduces an active prison sentence or changes a sentence (such as Life Without Parole to Life With Parole) so an incarcerated individual can seek early release. A pardon is granted to someone who has already completed their sentence and probation/parole to restore civil rights and serve as official recognition of rehabilitation. Neither action expunges or erases the conviction from public criminal records.
Can Governor Newsom grant clemency for federal or out-of-state crimes?
No. The Governor of California only has legal authority under the California Constitution to grant clemency for California state law offenses. Clemency for federal crimes falls under the exclusive jurisdiction of the President of the United States through the Office of the Pardon Attorney.
How much does it cost to apply for a commutation from Governor Newsom?
There is no state filing fee to apply for executive clemency or a commutation in California. While applicants may hire a criminal defense attorney or clemency advocate to help draft the petition and compile rehabilitative records, they must fully disclose all attorney fees and payments to the Governor's office in the application.
What happens if an applicant has two or more prior felony convictions?
If an applicant has two or more prior felony convictions on their record, Article V, Section 8 of the California Constitution prohibits the Governor from granting a commutation or pardon without the formal approval of a majority (at least 4 out of 7 justices) of the California Supreme Court.
Does receiving a sentence commutation automatically release an inmate from prison?
Not necessarily. In most cases, a commutation changes a sentence to make the individual immediately eligible for a parole hearing before the California Board of Parole Hearings (BPH). The BPH must still conduct a suitability hearing to determine if the inmate can be safely released on parole.
The Esfandi Law Group in Los Angeles can help you. Schedule your free consultation today.
