Alabama pardons and paroles can change a person’s life. If you are convicted of a crime in Alabama, you may be sentenced to a lengthy prison term. Even when you are released from prison, a criminal conviction can have adverse consequences for several aspects of your life. Receiving a pardon and parole in Alabama can result in being released early from prison and restoration of your rights.
However, dealing with the Alabama Board of Parole and Pardons can be frustrating and complicated. A Birmingham pardon and parole lawyer can help you navigate the parole and pardon system. Below is an explanation of pardons and paroles and answers to FAQs about pardons and parole in Alabama.
How Can I Receive a Pardon in Alabama?
A pardon does not erase a criminal conviction. However, it can remove the civil penalties imposed by a felony conviction. A pardon can restore a person’s right to vote, possess firearms, and run for political office. A person may apply for a misdemeanor pardon so they can obtain a professional license.
The person must meet specific criteria to have their rights restored, including but not limited to:
- Paying all court costs, fines, victim restitution, and fees ordered by the court
- Have no pending federal or state felony charges
- The conviction does not include certain crimes, including sex crimes, homicide, impeachment, crimes against children, or treason
- Completion of sentence, probation, or parole
You must have completed your sentence or successfully served at least three years on parole for the crime you seek to be pardoned.
What is the Process of Receiving a Pardon in Alabama?
To begin the pardon process, complete a Pardon Application and a Waiver of Liability and Authority to Release Information. Send the forms to the Alabama Bureau of Pardons and Paroles (ABPP).
The Pardon Unit of the ABPP investigates the application for pardon. The investigation includes obtaining current Information about your job status, home situation, criminal record, and other relevant Information. You also need written references supporting your pardon request.
If you do not cooperate fully with the pardon investigation, the ABPP denies your pardon application. You must provide Information and be forthcoming regarding your social, personal, and criminal history, as well as the circumstances of the crime.
Your case is docketed for a pardon hearing by the ABPP. Notice of the hearing is sent to you, specific officials, and the victim. It is recommended that you attend the hearing to testify on your behalf. Other parties may testify at the hearing in opposition to or in support of your pardon.
The ABPP may grant a full pardon, which restores all civil rights. The Board may grant a pardon with restrictions. Therefore, you could receive a pardon but not have all civil rights restored. For example, you may not have your firearms rights restored, or you may need to continue to register as a sex offender.
When the Board denies a pardon application, you cannot reapply for a pardon for at least two years from the Board’s decision. Sometimes, the Board may allow a person to reapply earlier than two years.
How Can I Receive Parole in Alabama?
Parole releases someone from prison before they complete their full sentence. Paroles are granted with specific conditions and restrictions the person must follow, or they may have to return to prison.
Your eligibility for parole is calculated according to the requirements in Alabama Code §15-22-28(e). Generally, an inmate cannot be considered for parole until they have served one-third of their sentence or ten years, whichever date is first.
This time frame is different for inmates convicted of Class A felonies. They must serve at least 85% of their sentence or a total of 15 years to be eligible for parole. Youthful offenders are not eligible for parole consideration because the ABPP does not have jurisdiction over juvenile crimes.
However, several factors determine when an inmate is eligible for parole, including:
- The crime committed
- The sentence from the court
- Jail credit
- Time served
- Ability to earn good time
- Orders by the court
Inmates receive a letter when they are eligible for a parole hearing. The law does not guarantee inmates will receive a hearing during the month they become eligible for parole. However, the ABPP tries to process paroles as quickly as possible.
In some situations, an inmate may apply for early parole consideration. However, inmates may only apply for early parole once a year or after 18 months of being denied parole.
An inmate may be eligible for medical parole. They must meet the requirements for parole consideration, not be barred from parole by law, and be defined as terminally ill, permanently incapacitated, or geriatric.
Interested parties may submit statements opposing or supporting an inmate’s parole. Inmates do not appear at parole hearings, but the hearings are open to the public.
Once the Board hears from witnesses, they enter Executive Session to discuss Information from the inmate’s file before voting on whether to grant or deny the parole. Two of the three-member Parole Board must vote in favor of parole for the inmate to be released from prison.
Do I Need an Attorney to Apply for Pardon or Parole in Alabama?
You are not required to hire a Birmingham criminal defense lawyer to apply for parole or pardon in Alabama. However, we strongly recommend you consult with an experienced pardon and parole lawyer. It is essential that you understand the process and the requirements for pardon and parole. An attorney can explain how the law applies to your case.
Furthermore, you must demonstrate to the ABPP that you meet the requirements for parole or pardon, but you must also convince them that you deserve parole or pardon. An attorney understands how to use evidence of rehabilitation, letters of recommendation, and other supporting evidence to present a compelling argument for granting your request.
Hiring an experienced criminal attorney to file a parole or pardon application can significantly impact the outcome of your application. Working with a lawyer gives you a better chance of receiving a parole or pardon than facing the ABPP without legal representation. Without an attorney, you could make errors or mistakes that result in a denial of your pardon or parole. Then, you must wait for the required time to reapply with the ABPP.
Schedule a Free Consultation With Our Birmingham Criminal Defense Lawyers
At Jaffe, Hanle, Whisonant & Knight, P.C., we have 100 years of combined experience representing clients in Birmingham, Alabama. We are ready to help you. Contact our law office today at 205-930-9800 to schedule a free case evaluation with a Birmingham criminal defense attorney. We will help you understand your legal options and discuss a defense strategy for your case.