Commutation of Sentence in California: Eligibility and How to Apply

To apply for a commutation of sentence in California, you serve a Notice of Intent to Apply for Clemency on the District Attorney in the county of conviction, complete the Governor’s two-page commutation application under penalty of perjury, gather supporting documents, and mail the package to the Governor’s Office of Legal Affairs in Sacramento. The Board of Parole Hearings then investigates and sends a confidential recommendation to the Governor, who has sole authority to grant, deny, or take no action.¹

Who Is Eligible

Anyone currently serving a sentence in a California state prison can apply. Immigration status does not affect eligibility. The one exclusion written into the state constitution is for government officials removed through impeachment.²

One structural rule shapes the process for many applicants. If you have been convicted of two or more felonies, the Governor cannot grant a commutation alone. The California Constitution requires a recommendation from the state Supreme Court, with at least four of the seven justices concurring.² You do not petition the court yourself. The Governor’s Office requests that approval when it is needed.¹

Step 1: Serve a Notice of Intent on the District Attorney

Before anything goes to the Governor, you must complete a Notice of Intent to Apply for Clemency and serve it on the District Attorney in the county where the conviction occurred. If your request covers convictions in more than one county, serve each DA separately.¹ The DA then has the chance to submit a written recommendation to the Governor, for or against.

Step 2: Complete the Application Form

The application itself is a two-page form on the Governor’s website. You fill it out, sign under penalty of perjury that the information is accurate, and confirm that the Notice of Intent was served on the DA.³

Step 3: Assemble Your Supporting Documents

The form is short. What you attach to it is where the real case gets made. You can include copies of certificates of achievement, photographs, and letters of support from prison staff, family, and community members.³ Send copies only. The Governor’s Office will not return originals.

If the request is based on a chronic or terminal illness, or a severe disability that would be substantially helped by release, add an Authorization for Release of Medical Information form so the office can verify the medical claims.¹

There is no scoring system, but reviewers give real weight to certain things:

Rehabilitation evidence, including educational, vocational, or therapeutic programs completed and certificates or degrees earned in custody.
A clean or substantially improved prison disciplinary record.
The circumstances of the offense, particularly whether it was committed at a young age or whether the sentence would be significantly shorter under current sentencing law.
Time already served and a realistic reentry plan.
Demonstrated remorse and any effort toward victim restitution.

Step 4: Mail the Package to the Governor’s Office

Send the completed application and attachments by mail to the Office of the Governor, Legal Affairs/Parole and Clemency, 1021 O Street, Suite 9000, Sacramento, CA 95814.³

What the Board of Parole Hearings Does Next

The Governor routinely refers commutation applications to the Board of Parole Hearings for an independent investigation. The BPH can examine court records, institutional files, and the documents you submitted. It can take testimony, interview you, and question witnesses under oath.⁴ For applications that advance further, a forensic psychologist may conduct a Comprehensive Risk Assessment evaluating your risk to public safety.⁵ The Board also gathers updated input from victims or survivors when available.

When the investigation is done, the BPH sends a written recommendation to the Governor. That recommendation is confidential. You will be notified that one has been issued, but the Board is not required to tell you what it says.⁴ It does not bind the Governor either way.

How the Governor Decides

The final decision belongs entirely to the Governor. The BPH recommendation, the DA’s input, your record, and public safety all factor in, but the Governor has absolute discretion to grant, deny, or simply take no action. If a commutation is granted, the Governor must report it to the Legislature along with the facts and reasons for the decision, and may attach conditions.²

How Long It Takes

There is no set timeline. The Governor is not required to act on any application on a particular schedule, and there is no statutory deadline for a decision.¹ Some applications sit for years. If you indicate an urgent need, such as a pending deportation proceeding, the Board of Parole Hearings is required to consider expedited review.

What a Commutation Does and Does Not Do

A grant can take different forms. The sentence may be reduced to time served with release following, or the commutation may make you eligible for a parole suitability hearing you would not otherwise get. It does not erase the conviction. The felony stays on your record, and collateral consequences such as employment barriers, housing restrictions, and firearm prohibitions remain in place unless addressed separately, typically through a pardon later.

If Your Application Is Denied

A denial is not permanent. You can reapply, though the Governor’s Office does not guarantee reconsideration and no fixed timeline governs when a new application will be reviewed. Any new submission should show what has changed since the last one: additional programming, a longer clean disciplinary record, new letters of support, updated medical documentation if relevant. Resubmitting the same package rarely produces a different result.

1
Governor of California. Commutations
2
Justia. California Constitution Article V Section 8 – Executive
3
Office of the Governor of California. Application for a Commutation of Sentence
4
Board of Parole Hearings. Clemency – Overview
5
Board of Parole Hearings. Clemency FAQ