To apply for a commutation of sentence in California, you serve a Notice of Intent to Apply for Clemency on the District Attorney in each county where you were convicted, complete the Governor’s two-page commutation application under penalty of perjury, attach supporting documents, and mail the package to the Office of the Governor in Sacramento. Only the Governor can grant a commutation, and the decision is entirely discretionary.
Who Can Apply
Anyone currently serving a sentence in a California state prison can apply. The one exception written into the state Constitution: government officials removed through impeachment are ineligible.1Justia. California Constitution Article V Section 8 – Executive Immigration status does not affect eligibility.
There is no scoring system, but the Governor’s office weighs certain factors heavily:
- Rehabilitation evidence, including educational, vocational, or therapeutic programs completed in prison and any certificates or degrees earned.
- A clean or substantially improved disciplinary record.
- The circumstances of the offense, especially whether it was committed at a young age or whether the sentence would be significantly shorter under current law.
- Time already served and a realistic reentry plan.
Demonstrated remorse and efforts toward victim restitution also carry weight.
Step 1: Serve the District Attorney
Before anything goes to the Governor, you must complete a Notice of Intent to Apply for Clemency and serve it on the District Attorney in the county where you were convicted. If your request covers convictions from more than one county, each county’s DA gets a notice.2Governor of California. Commutations The DA may then submit a written recommendation to the Governor, for or against.
Step 2: Complete the Application Form
The formal application is a two-page form available on the Governor’s website. You fill it out, declare under penalty of perjury that the information is accurate, and confirm that the Notice of Intent was served on the DA.3Office of the Governor of California. Application for a Commutation of Sentence
Step 3: Gather Supporting Documents
The form is short. What you attach to it is what makes the case. You can include copies of certificates of achievement, photographs, and letters of support from prison staff, family members, and community members.3Office of the Governor of California. Application for a Commutation of Sentence Send copies only. The Governor’s office will not return originals.
If your request is based on a chronic or terminal illness, or a severe disability that would be substantially helped by release, you must also submit an Authorization for Release of Medical Information form so the Governor’s office can verify the medical claims.2Governor of California. Commutations
Step 4: Mail the Package to the Governor’s Office
Send the completed application and attachments by mail to:
Office of the Governor
Legal Affairs/Parole and Clemency
1021 O Street, Suite 9000
Sacramento, CA 958143Office of the Governor of California. Application for a Commutation of Sentence
If You Have Two or More Felony Convictions
Applicants with two or more felony convictions face an extra hurdle. The California Constitution requires a recommendation from the state Supreme Court, with at least four of the seven justices concurring, before the Governor can grant the commutation.1Justia. California Constitution Article V Section 8 – Executive You do not petition the court yourself. The Governor’s office requests the recommendation when it is needed.2Governor of California. Commutations
What Happens After You Submit
The Governor routinely refers commutation applications to the Board of Parole Hearings for an independent investigation. The BPH can examine all court records, institutional files, and the supporting documents you submitted. It can also take testimony, interview you, and question witnesses under oath.4Board of Parole Hearings. Clemency – Overview For cases that advance further, a forensic psychologist may conduct a Comprehensive Risk Assessment to evaluate your risk to public safety.5Board of Parole Hearings. Clemency FAQ The BPH also gathers updated input from victims or survivors when available.
After the investigation, the BPH sends a written recommendation to the Governor. You will be notified that a recommendation has issued, but the BPH is not required to reveal its contents or reasoning.4Board of Parole Hearings. Clemency – Overview The recommendation is not binding.
The final decision belongs to the Governor alone, who may grant, deny, or take no action on any application.1Justia. California Constitution Article V Section 8 – Executive The Governor may also attach conditions to a commutation.
How Long It Takes
There is no set timeline. The Governor is not required to consider any application on a particular schedule, and there is no statutory deadline for a decision.2Governor of California. Commutations Some applications sit for years. If you have an urgent need, such as a pending deportation proceeding, the Board of Parole Hearings is required to consider expedited review.
What a Commutation Actually Does
The practical effect depends on how the Governor structures the grant. The sentence may be reduced to time served, resulting in release. In other cases, the commutation makes you eligible for a parole suitability hearing before the Board of Parole Hearings, which opens a path that did not previously exist rather than guaranteeing release. A commutation can also convert a death sentence to a life sentence, or reduce a fine or other penalty imposed by the court.
A commutation does not erase the conviction. The felony stays on your record, and collateral consequences, including employment barriers, housing restrictions, and firearm prohibitions, remain in place unless addressed through a separate pardon or other legal process.
Reapplying After a Denial
A denial is not permanent. You can reapply, though the Governor’s office does not guarantee reconsideration. Because there is no fixed timeline to begin with, your strongest tools are persistence and continued evidence of rehabilitation between applications. A new application should include updated documentation of what has changed since the last submission, such as additional programming, improved conduct, and new letters of support, rather than a resubmission of the same package.