Cuomo Grants Conditional Pardons to Some Convicted of Crimes at Ages 16 and 17

Cuomo Grants Conditional Pardons to Some Convicted of Crimes at Ages 16 and 17

Courtesy of the Governor’s Office

You can find this pardon request form and more information at ny.gov/services/apply-clemency.

By Forum Staff

Governor Andrew Cuomo recently issued the first conditional pardons to more than 100 New Yorkers who were convicted of a non-violent crime when they were minors, and who have since lived crime-free for 10 years or more.

By pardoning NYers who committed crimes at a young age, Cuomo said he is helping people who present little danger to the public while recognizing that those with an adult criminal record are often burdened with having a harder time to attain employment, get admitted to college, find housing, and become licensed in certain occupations.

Pardons granted through this program are conditional, the governor noted – meaning that if a person defies the odds and is reconvicted, it will be withdrawn.

“These New Yorkers have spent at least a decade proving their rehabilitation, but have been unable to fully reenter society due to the stigma of conviction and the barriers that come with it,” Cuomo added. “New York is a state of opportunity and today, we are granting these individuals and others a second chance to live up to their full potential, provide for their families and give back to their communities. With these actions, we have taken one more step toward a more just, more fair and more compassionate New York for all.”

Cuomo also granted five pardons and five sentence commutations, as well as commuting the “extraordinarily long” sentences of two individuals that will now enable them to appear before the Board of Parole. These individuals have, according to the governor, demonstrated rehabilitation and made positive strides in their lives since their criminal convictions.

According to the administration, any person eligible for the conditional pardon is invited to apply through the governor’s website at ny.gov/services/apply-clemency. Each person will undergo a screening process and agency staff will make a recommendation to Cuomo to grant a pardon if:

• The person was 16 or 17 at the time they committed the crime for which they were convicted.

• At least 10 years have passed since the person was either convicted of the crime, or released from a period of incarceration for that crime, if applicable.

• The person has been conviction-free since that time.

• The person was convicted of a misdemeanor or a non-violent felony.

• The person was not originally convicted of a sex offense.

• The person is currently a New York State resident.

• The person has paid taxes on any income.

• The person is a productive member of his or her community, meaning that the individual is working, looking for work, in school or legitimately unable to work.

• In addition to this general invitation to apply, the administration has done targeted outreach to candidates for the pardon, sending letters to eligible candidates for whom contact information could be found inviting them to apply for the pardon.

Last Friday’s announcement marks the first round of executive youth pardons since Cuomo announced the action in December 2015, and is the largest number of clemencies issued in any year since taking office in 2011.

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