Executive clemency is considered a means to remedy a miscarriage of justice. It is an extraordinary method of relief and should not be regarded as a substitute for parole. If there has been a proper criminal conviction, a pardon does not erase the conviction from the record, remove responsibility for the crime, nor can it be the basis for a negative response to the question: "Have you ever been convicted of a crime?"
Although clemency can only be granted by the Governor, the Prisoner Review Board receives the information necessary to fulfill its statutory role of preparing a clemency packet and issuing a recommendation to the Governor. Following are the instructions for completing a clemency application:
- Complete and forward one (1) copy of the Notice of Clemency Application-Sentencing Form to the Judge, Prosecuting Attorney, Sheriff and Police Chief located within the county or counties of the applicant's conviction(s).
- Send two (2) copies of the Request for Publication Form to the official county newspaper within the county or counties of conviction. The applicant or his/her representing attorney shall sign and complete the return address at the end of the first paragraph. The Request for Publication Form must include the applicant's name, date of sentencing and county of conviction. When the notice is published, the affidavit and a copy of the printed statement will be returned to the sender and shall then be forwarded to the Kansas Parole Board.
- Complete two (2) copies of the Application for Clemency giving full and explicit reasons for seeking executive clemency. Include information regarding the applicant's conduct and adjustment since conviction.
- If an attorney is retained for clemency purposes, the attorney must submit the Attorney Affidavit called for in K.S.A. 22-3706.
- When complete, send all documents to the Prisoner Review Board at:
Kansas Department of Corrections
ATTN: Prisoner Review Board
714 SW Jackson, Suite 300
Topeka, Kansas 66603
- The Prisoner Review Board will examine all pertinent records, reports and other available information. Should a personal interview with the applicant be required, the Board will notify the applicant. Upon full review, the Board will submit a report along with all information received to the Governor. The applicant will be notified when the Governor renders a decision via letter.
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