At Katherine O’Brien Law, we are thrilled to announce the launch of our Clemency and Pardon Application Preparation Services in response to Governor Phil Murphy’s historic initiative. On June 19, 2024, Governor Murphy issued Executive Order No. 362, detailing a comprehensive clemency framework to address longstanding inequities in New Jersey’s criminal legal system.
This landmark initiative, which includes establishing the state’s first Clemency Advisory Board, represents a significant step toward justice and equity, particularly for those impacted by harsh and outdated sentencing practices. As we embrace this opportunity for transformative change, Katherine O’Brien Law is here to provide guidance and dedicated support to individuals seeking clemency/pardons, ensuring they have the best possible chance at a fresh start and a fair second chance.
New Jersey’s Progress and Continued Challenges in Criminal Justice Reform
In recent years, New Jersey has made remarkable strides in reducing its prison population, decreasing from approximately 19,500 inmates in 2018 to 13,000 in 2024. The state has also made significant headway in mitigating the severe repercussions of convictions and eliminating barriers for individuals involved with the justice system. This progress includes reforms in expungement processes and restoring voting rights for those on probation and parole, among other measures.
However, there is still much work to be done. New Jersey’s criminal justice system continues to exhibit one of the highest rates of racial disparities in the nation, with over 150,000 individuals currently incarcerated or under community supervision. Many of these individuals have served—or are still serving—disproportionately harsh sentences that do not necessarily correspond to their crimes’ severity or level of culpability.
Thus, clemency is a crucial tool to address these systemic issues. It provides a means to temper the effects of a criminal justice system that often falls short of delivering true justice. It offers a way to rectify some of these past injustices individually, helping to correct overly punitive sentences and restore a measure of fairness.
Understanding Clemency and Its Impact on Criminal Records
Clemency offers individuals convicted of criminal offenses a chance to obtain relief from various forms of court-ordered supervision, such as incarceration, probation, and parole, or to alleviate the burdens associated with a criminal record.
Types of Clemency: Pardons and Commutations
- Pardons: Pardons are typically granted after an individual has completed their sentence. They free them from future penalties and punishments linked to their conviction. They can restore certain legal rights, such as the right to serve on a jury and remove obstacles to professional licensure and employment opportunities.
- Commutations: These apply to individuals who are still serving their prison or community supervision sentences. Commutations reduce the length or severity of the sentence but do not alter the fact of the conviction. Consequently, the associated civil and legal consequences may still apply.
In New Jersey, the Governor has exclusive authority over all executive clemency decisions. While the Governor may seek advice from a board or advisory body, the final decision rests solely with the Governor.
Expungement Eligibility After a Pardon
It is important to note that once an offense is pardoned, it becomes eligible for expungement, even if it was previously ineligible under New Jersey law. This means that individuals who receive a pardon can take the additional step of having their criminal records expunged, thereby removing the conviction from their public record and gaining a fresh start. Expungement can open doors to new employment opportunities, housing options, and other benefits that a clean record provides.
Thorough and Expedited Review for Clemency Applications
Each clemency application will receive individualized and thorough consideration. However, certain categories outlined in the Executive Order are more likely to warrant executive clemency and will be expedited for review.
Expedited Review for Individuals Who Have Completed Sentences
Applications will be expedited if they meet at least one time-based criterion and one offense-based criterion:
Time-Based Criteria:
- More than ten years have elapsed since the applicant completed their most recent sentence.
- If the applicant is currently at least 60 years old, more than five years have elapsed since the most recent sentence.
- If the applicant was 25 years old or younger at the time of the offense, more than five years have elapsed since the most recent sentence.
Offense-Based Criteria:
- The applicant does not seek clemency for a No Early Release Act (NERA) offense.
- The applicant seeks clemency for a conviction of a crime or offense that is no longer illegal.
- There is no objection from the Prosecutor in any county where the applicant was convicted.
- The Conviction Review Unit (CRU) within the Office of the Attorney General has referred the application.
Expedited Review for Individuals Currently Serving Sentences
Applications will be expedited if they meet at least one of the following requirements:
- The applicant is a victim of domestic or sexual violence or sex trafficking and was convicted of a crime or offense against the perpetrator of that abuse or committed under duress or coercion.
- The applicant was subject to an excessive trial penalty.
- The applicant seeks clemency for a conviction of a crime or offense that is no longer illegal.
- The applicant seeks clemency for a conviction that would have resulted in a less severe sentence under current law or policy.
- The CRU within the Office of the Attorney General has referred the application.
Exclusions from Expedited Review
Expedited consideration will not be given to applications for crimes involving public corruption, if the applicant has pending charges, or if the applicant has been convicted in another jurisdiction since the offense for which they seek clemency and a clemency application for that conviction would be ineligible under New Jersey state law.
Anticipated Increase in Clemency Applications and Review Process
Following the announcement of the clemency initiative, the Governor’s Office expects a significant influx of applications for executive clemency. Due to the volume of applications and the necessity for the Advisory Board and Governor to carefully review each one, evaluating and making clemency determinations can vary significantly, taking anywhere from six months to several years.
New Jersey Clemency/Pardon Cost
At Katherine O’Brien Law, we offer affordable, flat-rate fees for New Jersey clemency applications, ensuring transparency and no hidden costs. Our pricing structure is straightforward:
- Clemency Application Preparation: $1895.00
- Additional Arrests: $100.00 per additional arrest
All our fees are all-inclusive, covering all filing fees, court costs, and other expenses, so you won’t encounter any surprise charges.
Flexible Payment Plans
We understand that many individuals seeking to remove their criminal records may be unemployed or striving to secure better employment opportunities, often hindered by their criminal record. To accommodate this, we offer flexible payment plans and can start working on your case for as little as $350.00 down.
Katherine O’Brien Law: Your Partner in Clemency Application Preparation
At Katherine O’Brien Law, we are dedicated to helping individuals navigate the clemency application process. Our experienced team understands the nuances of the Governor’s new initiative and is committed to providing thorough and effective clemency application preparation services.
If you or a loved one may qualify for clemency under Governor Murphy’s new Executive Order, contact Katherine O’Brien Law for guidance and support throughout your application process. Together, we can achieve the justice and second chances everyone deserves.
Take the First Step Today
If you’re ready to clear your record and move forward with your life, don’t hesitate to take the first step. Contact Katherine O’Brien Law to book a free consultation today. Our experienced team is here to guide you through the clemency process with personalized, compassionate service. Let us help you achieve the fresh start you deserve.
