Fairness and Equality in the Criminal Justice System: Internal Policies

Details: By Kathleen Jennings; Parent Category: Criminal Justice and Racism; Category: Criminal Law, Generally; 11 March 2019; Hits: 27568

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7. Expungements, Pardons and Commutations.

a) Deputies will support expungements for arrests for crimes that are now legal, as well as prior arrests for possession of marijuana and paraphernalia crimes related to marijuana possession.

b) Deputies will support expungements when a nolle prosequi has been entered based upon insufficient evidence when the underlying offense is nonviolent in nature.

c) Deputies will support pardon applications when a person applies in connection with a crime for which there is no violence and the crime is isolated in nature, when the applicant has demonstrated sufficient rehabilitation.

d) Deputies will support commutation applications when the crime for which the applicant is seeking relief is nonviolent in nature.

e) Deputies will continue to support pardons and commutations when justice and fairness require. When in doubt, Deputies should consult with the State Prosecutor, Chief Deputy, and/or the Attorney General.

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