The commission and board of pardons takes multiple factors into consideration when making its decision.  

For example:

Length of Time Since Offense

The longer the time period since an offense, the more this factor weighs in favor of a pardon.

Age at Time of Offense

Generally, the younger the applicant was at the time of their offense, the more it weighs in favor of a pardon.

Severity and Nature of the Offense

The severity of the offense can strongly influence the Board’s decision.  For example, an offense’s severity can be measured by the offense level (e.g. misdemeanor vs. felony); whether the offense was violent (e.g. assault); and mitigating factors (e.g. age of applicant at time of offense.)  Basically, the more severe the offense, the more difficult it is to get a pardon. 

Applicant’s Criminal Record

An applicant’s criminal record can weigh heavily in favor of a pardon.  Basically, the fewer offenses an applicant has, the more this favor weighs in a pardon’s favor.  Optimally, an applicant’s criminal record would only consist of one offense for which the applicant is seeking a pardon.

Victim’s Position

The commission and board must take the victim’s recommendation regarding an applicant’s pardon into account when making its decision.  If a victim supports the applicant’s pardon, it can weigh strongly in its favor.

Prosecutor’s Position

The commission and board considers the prosecutor’s position when making its decision.  If the prosecutor supports a pardon or takes a neutral position, it can weigh significantly in its favor. 

Judge’s Position

The commission and board considers the trial judge’s position when making its decision.  The trial judges support or neutral position regarding a pardon may weigh strongly in its favor. 

Evidence of Rehabilitation

The commission and board examines the applicant’s rehabilitative efforts.  Rehabilitative efforts can include educational achievements, employment history, and successful completion of counseling or drug/alcohol treatment.

Reasons for Seeking Pardon

The commission and board will consider why an applicant is seeking a pardon.  For example, for employment or housing reasons.  The more compelling an applicant’s reasons for seeking a pardon the more they weigh in its favor.

Previous Legal Remedies

The commission and board may consider the applicant’s prior legal remedies regarding the offense sought to be pardoned.  For example, an expungement of the case sought to be pardoned may weigh in its favor.

Strength of Application

A thorough, well-structured, and compelling pardon application (supported by supplemental documentation and evidence) may strongly influence the commission’s and board’s decision.