Ohio Code 2967.04 – Pardons and commutations
(A) A pardon or commutation may be granted upon such conditions precedent or subsequent as the governor may impose, which conditions shall be stated in the warrant. Such pardon or commutation shall not take effect until the conditions so imposed are accepted by the convict or prisoner so pardoned or having a sentence commuted, and the convict’s or prisoner’s acceptance is indorsed upon the warrant, signed by the prisoner or convict, and attested by one witness. Such witness shall go before the clerk of the court of common pleas in whose office the sentence is recorded and prove the signature of the convict. The clerk shall thereupon record the warrant, indorsement, and proof in the journal of the court, which record, or a duly certified transcript thereof, shall be evidence of such pardon or commutation, the conditions thereof, and the acceptance of the conditions.
Terms Used In Ohio Code 2967.04
- Convict: means a person who has been convicted of a felony under the laws of this state, whether or not actually confined in a state correctional institution, unless the person has been pardoned or has served the person's sentence or prison term. See Ohio Code 2967.01
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Pardon: means the remission of penalty by the governor in accordance with the power vested in the governor by the constitution. See Ohio Code 2967.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Prisoner: means a person who is in actual confinement in a state correctional institution. See Ohio Code 2967.01
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(B) An unconditional pardon relieves the person to whom it is granted of all disabilities arising out of the conviction or convictions from which it is granted. For purposes of this section, “unconditional pardon” includes a conditional pardon with respect to which all conditions have been performed or have transpired.
(C) In the case of an unconditional pardon, the governor may include as a condition of the pardon that records related to the conviction be sealed as if the records are related to an offense that is eligible to be sealed. The governor may issue a writ for the records related to the pardoned conviction or convictions to be sealed. However, such a writ shall not seal the records required to be kept under division (E) of section 107.10 of the Revised Code and shall not have any impact on the governor’s office or on reports required to be made under law. Other than the records required to be kept under division (E) of section 107.10 of the Revised Code, no records of the governor’s office related to a pardon that have been sealed under this division are subject to public inspection unless directed by the governor. Inspection of the records or disclosure of information contained in the records may be made pursuant to division (A) of section 2953.34 of the Revised Code or as the governor may direct. A disclosure of records sealed under a writ issued by the governor is not a criminal offense.
Last updated March 8, 2023 at 12:07 PM