Avoiding Pitfalls in Obtaining a Pardon in Tennessee



Posted: Monday, August 31, 2009

by Nathan Moore
Moore Trademarks

For those unable to obtain an expungement in Tennessee, the only other option is to petition the governor for a pardon, or as it is officially known, executive clemency.

In Tennessee, the pardon process is lengthy and difficult. The pardon is a moral decision - you must demonstrate to the governor that you are deserving of a second chance, that you have a legitimate reason for wanting a pardon. There are many good reasons for desiring a pardon, such as wanting to obtain a professional certification or the desire to further one's education. With a pardon, your criminal past is forgiven, not forgotten. A pardon in Tennessee does not erase the conviction from your record, but it shows that you have been forgiven by the state for whatever occurred. A pardon can go a long way toward alleviating the concerns an individual, educational institution or employer may legitimately have about the conviction on your criminal record.

It is important to carefully craft your application for a pardon: two-thirds of pardon applications are rejected outright by the Board of Probation and Parole, who is responsible for offering pardon recommendations to the governor. If the Board feels your application has sufficient merit, a hearing will be scheduled for you where you can make the case that you are worthy of pardon consideration.

There are a few minimum, bare requirements for applying for a pardon in Tennessee: you must have five (5) personal recommendations, you must have fully completed your sentence, and you must have stayed out of trouble since completing your sentence. These are, in fact, the bare minimums. Your chances are helped by the quality and quantity of your recommendations as well as your resume, so to speak, of self-betterment and community involvement. The key to success is demonstrated to the Board that you are worthy and "deserve" a pardon.

As is the case with many legal processes, it is a good idea to consult with a criminal lawyer knowledgeable of the clemency / pardon process before submitting your application. The low recommendation rate alone speaks to the difficulty and complexity of obtaining a pardon in Tennessee. Your best presentation is required if you are to have a chance at impressing the Board of Probation and Parole. You must put your best foot forward when asking for a governor's pardon, similar to the way you would go about a job interview. It is precisely the same when petitioning for a pardon; therefore, it is important to make sure you make your best first impression. It is vital that the Board think you worthy of forgiveness the first time they see you, and the only way to ensure that is extensive preparation.

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Nathan Moore is a Tennessee criminal lawyer whose practice is based in Nashville, Tennessee. His services include criminal defense, appeals, expungements and applications for clemency. If you are interested in applying for a pardon, feel free to contact him at (615) 346-2213 or you can discover more about obtaining a pardon on his firm website.
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