Clemency
Executive Clemency
The Florida Constitution expressly vests the executive clemency power in the Governor. Clemency is the constitutionally authorized process by which the Governor may, with the approval of two members of the Cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses. The Governor also has the sole power to deny clemency.
The Rules of Executive Clemency
The Rules of Executive Clemency are available at https://www.fcor.state.fl.us/docs/clemency/clemency_rules.pdf. Clemency applications are available at https://www.fcor.state.fl.us/restoration.shtml.
Types of Clemency
- Full Pardon—A Full Pardon unconditionally releases a person from punishment and forgives guilt for any Florida convictions. It restores to an applicant all the rights of citizenship possessed by the person before his or her conviction, including the right to own, possess, or use firearms.
- Pardon Without Firearm Authority—A Pardon Without Firearm Authority releases a person from punishment and forgives guilt. It entitles an applicant to all the rights of citizenship enjoyed by the person before his or her conviction, except the specific authority to own, possess, or use firearms.
- Pardon for Misdemeanor—A Pardon for Misdemeanor conviction releases a person from punishment and forgives guilt.
- Commutation of Sentence—A Commutation of Sentence may adjust an applicant’s penalty to one less severe but does not restore any civil rights, and it does not restore the authority to own, possess, or use firearms.
- Remission of Fines and Forfeitures—A Remission of Fines or Forfeitures suspends, reduces, or removes fines or forfeitures.
- Specific Authority to Own, Possess, or Use Firearms—The Specific Authority to Own, Possess, or Use Firearms restores to an applicant the right to own, possess, or use firearms that were lost as a result of a felony conviction. Due to federal firearms laws, the Clemency Board will not consider requests for firearm authority from individuals convicted in federal or out-of-state courts. In order to comply with the federal laws, a Presidential Pardon or a Relief of Disability from the Bureau of Alcohol, Tobacco and Firearms must be issued in cases involving federal court convictions. A Pardon or Restoration of Civil Rights with no restrictions on firearms must be issued by the state where the conviction occurred.
- Restoration of Civil Rights in Florida—The Restoration of Civil Rights restores to an applicant all the rights of citizenship in the State of Florida enjoyed before the felony conviction, except the specific authority to own, possess, or use firearms. Such restoration shall not relieve an applicant from the registration and notification requirements, or any other obligations and restrictions imposed by law upon sexual predators or sexual offenders.
For more information, please contact the Office of Executive Clemency at the address below:
Office of Executive Clemency
4070 Esplanade Way
Tallahassee, Florida 32399-2450
Toll-free: 1-800-435-8286
clemencyweb@fcor.state.fl.us
For information about federal bonding programs which create incentives for employers to hire at-risk applicants, such as ex-felons, please contact the Department of Economic Opportunity at the address below:
Department of Economic Opportunity
107 East Madison Street
Caldwell Building, Suite 100
Tallahassee, Florida 32399
Toll-free: 1-800-342-3450
Phone: 850-245-7105