How to Get a Pardon in Oklahoma

If you have a criminal history, you have a few different options to clear your name, and your record. In Oklahoma, there are commutations, expungement, and pardons, all of which have different processes and benefits. Here’s everything you need to know about how to get a pardon in Oklahoma, why you would want to, and how it’s different from an expungement.

What Is a Pardon in Oklahoma?

A pardon essentially means the state “forgives” you for your crime and relieves you from its legal consequences. It’s a type of clemency that can only be given by the governor of Oklahoma for a state crime (at the federal level, pardons are given by the president). According to the Oklahoma Pardon and Parole Board, pardons “acknowledge that someone has worked hard to become a productive, law-abiding citizen after making mistakes in the past.”

What’s the Difference Between a Pardon and an Expungement?

A pardon “erases” your wrongdoing in the eyes of the state, but it won’t erase your criminal record. With a pardon, your criminal record remains and searches for your name on the Oklahoma State Courts Network (OSCN) will show your criminal charges. To remove your records from OSCN, you’ll need to get an expungement.

With an expungement, you can legally respond that you have never been convicted of a crime—it’s as if the case never happened. However, an expungement will not restore the rights you had before you were convicted of the crime, like a pardon will. The best thing you can do is learn how to get a pardon and an expungement in Oklahoma. This will both restore your rights and clear your criminal record.

What Can Be Pardoned?

Any crime can be pardoned in Oklahoma. Because one of the biggest benefits of a pardon is to restore the rights you lose as a felon, it’s more common for people to ask about how to get a pardon for a felony. However, a pardon also has plenty of benefits for those with misdemeanor convictions, signaling to employers and landlords that you’ve turned your life around.

Who Is Eligible for a Pardon?

Many crimes have a chance of being pardoned. But there are a few more requirements for how to get a pardon in Oklahoma. You must:

• Have committed a state crime (not federal)
• Not currently be in jail or prison
• Have completed your entire sentence, including parole, probation, and supervision
• Have paid all fines, fees, restitution, and court costs
• Not have any new or pending charges, warrants, or child support debts
• Not have been considered and denied a pardon within the past three years

What Rights Does a Pardon Restore?

Once you’ve been convicted of a felony, you lose many of your rights. One of the biggest benefits of a pardon is that it restores all rights you had before you were convicted of the crime. In fact, a gubernatorial pardon is the only way to restore your right to:

• Own and possess a gun
• Vote
• Run for office
• Serve on a jury

A pardon also restores your reputation and makes it possible for you to get an expungement for certain felonies that aren’t usually eligible.

Are Certain Crimes More Likely to Get a Pardon?

Oklahoma’s current governor, Governor Kevin Stitt, has seemed open to granting pardons and other post-conviction relief. He signed the largest single-day commutation in United States history, leading to the commutation of 527 inmates. While this wasn’t specifically a pardon, it does show his willingness to embrace criminal justice reform and provide formerly convicted individuals a chance at a better life with a clean record.

Below is one example of the docket results from March 2024. This provides an idea of what crimes are—and are not—being recommended for a pardon. It also helps show how long most people wait after finishing their sentence before applying for a pardon. The results of all Pardon and Parole Board meetings are public information, and you can see the full document on the Oklahoma Pardon and Parole website.

As you can see from this chart, some individuals discharged their sentence years ago. Others were released more recently, and the board still recommended a pardon. You can also see that while drug and alcohol offenses are commonly pardoned, there are also some pretty serious crimes on this docket that were recommended for a pardon.

While we don’t know if the governor chose to accept these recommendations, they show that the Pardon and Parole Board listens to each case and gives it proper consideration. Remember that there isn’t a specific checklist of things you must accomplish before being eligible for a pardon.

How to Get a Pardon in Oklahoma

While it sounds straightforward to get a pardon in Oklahoma, it can be a long and complex process. Hiring an experienced pardon attorney can help you navigate the following steps.

1. File Your Application

The first step in the process is to apply for a pardon with the Oklahoma Pardon and Parole Board. There is no fee to apply. Your application must be submitted to the general counsel for the Pardon and Parole Board and include these mandatory items:

• Certified judgment and sentence from the county where you were convicted
• Certified statement from the court clerk of the county where you were convicted, stating that all fines, fees, restitution, court costs, and so on have been paid in full
• Current credit report (generated in the past 120 days)
• Verification of residence (this can be a rental receipt, mortgage statement, deed, or lease agreement, but cannot be utility bills)
• Verification of employment (such as a current pay stub, benefits statement, or tax return)

All of these items are required in order to review your application. If you submit all these documents correctly, the board will not contact you to confirm they have received everything they need. However, if portions of your application are missing, they will notify you by mail which pieces need to be submitted.

In addition to your application, you may include letters of support or character affidavits. These letters must be attached to your application, and must include the name, address, and home and work telephone numbers for everyone writing a letter of support. Additionally, each letter needs to be dated and notarized.

2. Wait for Review

After receiving your application, the Pardon and Parole Board orders reports from the Oklahoma State Bureau of Investigation (OSBI). OSBI can take anywhere from two weeks and two months to send these reports to the board.

Once all information has been obtained from OSBI, the Department of Corrections assigns your pardon application to the District Office of Probation and Parole. If you live out of state, the application will be assigned to the general counsel or a pre-pardon investigation.

The investigating authority is allowed 70 days to perform this investigation. This investigation is specific to your application, and the investigating body will verify all information in your application (such as your current home address and work status).

3. Attend Your Hearing

Once all necessary pre-pardon investigations are conducted, your pardon application is set on a docket to be heard by the Pardon and Parole Board.​ This can take a while because the Pardon and Parole Board only meets one day per month.

At the hearing, the board will listen to your request for the pardon, and you may be there in person and speak on your behalf. While this is not required, we always recommend appearing before the board to show your commitment to getting your life back on track. This will also allow the board to put a name to a face, and will humanize you.

You may also bring a representative, such as a lawyer. Only one person, either you or your representative, will be allowed to speak to the board. Hiring a lawyer to speak on your behalf is always a good idea. They’ll know which points to make in order to maximize your chances of receiving a pardon. Whoever is speaking will be given two minutes to present their argument on why a pardon is appropriate for you.

Once you’re done presenting your argument, the board members may have questions for you. There is no time limit for this question-and-answer period.

4. Wait for Your Decision

The board will not vote immediately, and you will not be present for the vote. However, you may contact the Pardon and Parole office at 9 a.m. the Monday after your case was heard to receive the results of the vote.

The Board may recommend against granting your pardon. But, if they vote in your favor, this does not mean you have received a pardon. This is only the first step in your pardon process.

If you are recommended for a pardon by the Pardon and Parole Board, your file will then be sent to the governor for consideration. This file will include your entire application, as well as a pardon certificate. The governor has 90 days to make a decision regarding your pardon application.

Regardless of how the board voted, the governor can choose to grant or deny your pardon application. Additionally, the governor may choose to follow the board’s recommendation to some degree, and may choose to deviate from it in others. This was seen with the Julius Jones case.

5. Get Your Pardon Letter

If the governor chooses to grant your pardon, they will sign the pardon certificate and file it with the Oklahoma Secretary of State. The Oklahoma Pardon and Parole Board will be notified that the governor chose to grant your pardon, and will send you a letter notifying you of the governor’s decision.

If the governor chooses to deny your application, the process is similar. They will file a certificate denying your pardon with the Secretary of State and will likewise communicate this denial to the Pardon and Parole Board. The general counsel for the Pardon and Parole Board will send you a letter denying your pardon, along with a copy of the certificate denying your pardon.

If My Pardon Was Denied, Can I Apply Again?

Yes! You can re-apply one year after the denial. However, it is important to note that you will need to go through the application process again, and you are not automatically re-considered. You will need to resubmit your application with updated information, such as your most recent address, credit report, and character affidavits. Even if you use the same people as character witnesses, you still must get updated affidavits with the current date and have them notarized. In essence, apply as if it is your first request for pardon and make sure you have the most recent information for every single aspect of your application.

The Bottom Line

Learning how to get a pardon in Oklahoma can be complicated, and a small mistake could prevent you from having your application heard or could lead to an outright denial. While this doesn’t prevent you from being eligible in the future, it does slow down your path to a pardon. We highly recommend finding an attorney to help guide you through this process. We would be happy to provide a free consultation to determine if a pardon is right for you.