Online Pardon Application

Definition of Clemency

Application Instructions

Please complete all fields or mark as not applicable (N/A).

If you are completing a paper application:

Exceptional Pardon

You can apply for an exceptional pardon if you meet one of the following criteria (SDCL 24-14-8):

  1. If you served time in prison, you were convicted of only one felony, which was not punishable by life imprisonment, and it has been more than five years since your release from a Department of Corrections facility, or
  2. If you did not serve time in prison, you were convicted of only one felony, which was not punishable by life imprisonment, and it has been more than five years since the date of the offense, or
  3. You were convicted of a misdemeanor(s) or petty offense(s) and it has been more than five years since the offense(s) was committed.

If applying for an exceptional pardon, the requirement for publication in the newspaper (Form SDPA-2) does not apply.

Expedited Pardon

Qualifying offenses:

Records Inquiry

A record search of your criminal history will provide conviction information such as sentencing date and crime class (felony / misdemeanor 1 or 2). You can obtain a copy of your criminal record by visiting your local courthouse and requesting a record search at no cost. This information can also be obtained online with a $20.00 processing fee for any search submitted. Electronic records date back to 1989; any convictions prior to 1989 will need to be obtained from the courthouse in the county in which you were convicted.

For more information regarding your statewide criminal history or to conduct an online search, please visit: http://ujs.sd.gov/Self_Help_Center/recordsearch.aspx

Alcohol or Drug Abuse

Sex Offenders

Mental Health

Notification of Hearing

After your application has been received and processed, you will receive a written notice of the date and time of your hearing with the board. If any documentation is missing, you will receive notice of the documents required before your application can be processed.

Hearing Process

You and the state’s attorney, state’s attorney general, sentencing judge, and sheriff/law enforcement where you were convicted will be notified of the time and date of the hearing. A personal appearance or telephonic hearing will take place with the board on the campus of the South Dakota State Penitentiary (1600 N North Drive, Sioux Falls, SD 57104).

The board may ask you to describe the offense for which you are seeking clemency, what your life has been like since your conviction, why you are requesting a pardon, and how a pardon might benefit not only you (personally or professionally) but society as a whole. The board will review all relevant information submitted by interested parties and will take testimony from those who wish to speak in support of or in opposition to your request. The board will either recommend or not recommend your application to the governor for executive clemency.

Board dates are published on the parole board office website.

Notice of Board Decision

After your application is presented to the South Dakota Board of Pardons and Paroles for review and recommendation, you will receive a written notice of the board’s decision within 10 working days after the hearing. If you receive a favorable recommendation from the board, your application is forwarded to the governor for his review. The governor makes the final decision of whether to grant or deny the request.

Notice of Governor Decision

Once your application has been received, the governor will review your application (which will take an undetermined amount of time) and make the decision to grant or deny your application. The governor makes the final decision of whether to grant or deny the request. After the decision is made, the governor will advise the board office of the decision and you will be notified by the board office of the governor’s decision. Written documentation of the decision will also be sent to you.

Denial of Application

ARSD 17:60:05:10 If your application was denied, you may apply again in one year from the date of the denial.

Required Documents

Release of Information

Please complete, sign, and date the release of information. Failure to do so may result in your application being returned to you.

Certified Copy of Sentence and Judgment

Please attach a certified (raised seal for paper applications and a stamp for online applications) copy of the sentence and judgment for each conviction for which you are requesting clemency. This can be obtained by contacting the Clerk of Courts in the county of conviction.

Proof of Payment

Please provide proof of payment of court costs, fines, and restitution. Receipts verifying payment of costs, fines, and restitution ordered by the court must accompany the application. Proof of payment may be obtained from the Clerk of Courts in the county in which it was paid.

Discharge Certificate

If applicable, please attach a copy of the Department of Corrections discharge certificate for each conviction for which you are requesting clemency. If you have misplaced your copy, you can obtain a copy by contacting the Clerk of Courts in the county of conviction.

Affidavit of Publication (Form SDPA-2: SDCL 24-14-4)

State law requires that a notice of application for clemency be published in one of the official newspapers designated by the county in which the crime was committed. Complete the SDPA-2 form and send it to the newspaper in the county where the offense was committed. This must be done for each county in which a crime for which an applicant is seeking clemency was committed. After the notice has been published for the required time period, the newspaper will send an affidavit of publication to you. It is your responsibility to attach the affidavit of publication to the application before mailing it to the parole board office. You are responsible for any expenses incurred during this process.

Notice to State’s Attorney’s Office (Form SDPA-3)

You will need to complete and send a notice to the state’s attorney in the county where you were convicted. If you are applying for clemency on more than one conviction, you must send a notice to the state’s attorney in each county of conviction. When the form is returned to you from the state’s attorney’s office, send it along with your completed application to the parole board office.

Personal Plea

Attach a letter of personal plea stating why you are asking for clemency. The letter should describe what debilitating effects the conviction is causing, such as limiting employment, and how clemency will benefit you and society (See ARSD 17:60:05:01).

Statement of Offense

Attach a written statement, in your own words, describing the crime/incident.

Current Photo Identification Card

Attach a copy of your current photo identification card (i.e. driver’s license).

Letters of Recommendation

You are strongly encouraged to provide letters of recommendation. If possible, talk to each letter writer personally. Letters of recommendation must reference that the letter writer is aware the applicant is seeking executive clemency. Letters should be signed and notarized. The following are suggestions:

  1. Clergy (if applicable)
  2. Present and/or former employer(s)
  3. Reputable community members who can testify to your moral character and good behavior
  4. Family and friends

If you are unable to obtain letters of recommendation, please include an explanation in the application.