A New Door Has Opened: Wisconsin Restores Commutations After 25 Years

For decades, people serving prison sentences in Wisconsin had virtually no path to ask for a second look at their sentence once it was imposed and the appeal/postconviction deadlines had passed. That just changed.

On April 3, 2026, Governor Tony Evers signed executive orders officially restoring the commutation process in Wisconsin—something that has not meaningfully existed for more than 25 years. As a Wisconsin postconviction lawyer, this is significant.

What Changed—and Why It Matters

For over two decades, Wisconsin governors simply did not use their constitutional power to commute prison sentences. The last time commutations were issued was during the administration of former Governor Tommy Thompson, who left office in 2001. That long-standing gap is now over.

Governor Evers has:

Reinstated the commutation process
Created a Commutation Advisory Board to review applications
Signaled that Wisconsin will once again consider shortening sentences in appropriate cases

Commutation vs. Pardon: A Critical Distinction

Many people are familiar with pardons, especially because Governor Evers has issued them in record numbers.

But commutation is different—and, for many families, far more urgent.

Pardon → For people who have already completed their sentence
Commutation → For people who are still in prison and seeking a reduced sentence

If your loved one is currently incarcerated, a pardon does nothing. A commutation could change everything.

Who May Be Eligible?

While the state is still rolling out full details, early guidance and reporting suggest that commutations will be limited to individuals who can demonstrate:

Significant time already served
A strong record of rehabilitation
No recent violent misconduct
No pending cases or warrants
Convictions that are not categorically excluded (such as certain serious offenses)

There are also procedural requirements, including notifying the original judge, prosecutor, and allowing victim input.

In other words: this is not automatic, and it is not easy.

Why This Is a Rare Opportunity

Let’s be clear—this kind of opportunity does not come around often.

Wisconsin has not used commutations in over two decades
A new advisory board is just being formed
Applications will be reviewed under intense scrutiny

At the same time, there is a window right now:

The system is just opening
Criteria are newly defined
Early applicants may have a meaningful advantage in timing

Why Legal Representation Matters

Technically, you do not need a lawyer to apply for commutation.

Realistically, you probably do.

A commutation petition is not just paperwork—it is a narrative of rehabilitation. It requires:

Full documentation of prison history
Evidence of programming, growth, and accountability
Strategic presentation of the case
Anticipation of objections from prosecutors or victims

The Commutation Advisory Board is not just checking boxes. They are deciding whether someone deserves early release. That is a high-stakes, discretionary decision.

What You Should Do Now

If you or a loved one may qualify:

Start gathering records
Evaluate eligibility carefully before applying
Consult with a Wisconsin postconviction attorney

Final Thoughts

For years, people in Wisconsin prisons had virtually no way to ask for a second chance once a sentence was imposed and the appeal/postconviction deadline had passed. That is no longer true.

Contact Subzero Expungements, Pardons & Appeals for a free consultation. 651-248-5142