Florida Commission on Offender Review

Frequently Asked Questions About Clemency

• What is clemency?

  Clemency is the constitutionally authorized process providing the means through which convicted felons may be considered for relief from punishment and seek restoration of their civil rights. The clemency function is an act of mercy that absolves an individual from all, or any part, of the punishment the law imposes. This is a power to grant full or conditional pardons, or commute punishment. If an individual was adjudicated delinquent of an offense as a juvenile and not adjudicated guilty in adult court, that person is not eligible for any form of clemency.

• What are the different 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, which 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. 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 (RCR)—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.

• Who determines clemency?

  The Governor and members of the Cabinet sit as the Board of Executive Clemency and establish the Rules of Executive Clemency by mutual consent. The powers to grant clemency are vested in the Governor with the agreement of two cabinet members who are also statewide elected officials. The Governor also has the sole power to deny clemency.

• What role does the Florida Commission on Offender Review (FCOR) have in the clemency process?

  The Commission operates as the administrative and investigative arm of the Clemency Board and reports directly to the Governor and Cabinet. The Coordinator is appointed by the Board, is the official custodian of records, provides verification of eligibility and Board actions, and prepares agenda, orders and certificates. The Office of Clemency Investigations conducts comprehensive, confidential investigations for the Board on clemency applicants.

• Who qualifies for clemency?

  An offender must have completed their sentence including the terms of supervision, must not have any pending criminal charges or outstanding detainers/warrants, have paid all victim restitution for most forms of clemency except for restoration of civil rights, and must meet the timeframes established by the Board of Executive Clemency.

• How does an individual apply for clemency?

  Individuals seeking any form of clemency must submit an application and required court documents to the Office of Executive Clemency. Applications and additional Information are available here.

• How can an offender determine if they have been granted clemency?

  Individuals can search here to determine whether their rights have been granted. If granted, a copy of the certificate may be printed.

• How can an offender determine why they were denied the right to purchase, own, or possess a firearm?

  Call the Florida Department of Law Enforcement (FDLE) at 850-410-7000. If they have a specific question regarding eligibility for a concealed firearm license, they should contact the Department of Agriculture Division of Licensing at 850-245-5498.

• How does an individual expunge or clear their records?

  The Florida Commission on Offender Review does not help individuals expunge or clear records. This is a function of the Florida Department of Law Enforcement (FDLE). Learn more about this process at the FDLE website here: https://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx.

• Can an individual access their court records online?

  Some court records filed with Clerks of Courts in counties throughout Florida are available through the Online Court Records Search: https://www.civitekflorida.com/ocrs/county/.

• If my court costs, fines, fees, or restitution were converted to a civil lien, do I still need to pay it?

  If restitution, court costs, fines or fees were converted to a civil lien after your judgment, you are still responsible for paying it. Please check with the Clerk of Court in the county where you were convicted to make sure all outstanding costs and liens have been satisfied.

• Where should I go to pay my outstanding court costs, fines, fees, or restitution?

  You should check with the Clerk of Court in the county or counties in which you were convicted. If you were incarcerated or ordered to serve probation or community control, it is possible you will have a Court Order Payment System (COPS) account with the Department of Corrections. Call COPS at 850-717-3877 to inquire about a balance. It is advised you check with both the Clerk of Court and COPS to ensure all outstanding court ordered obligations have been satisfied.