Threading the Needle of Accountability and Mitigation in Wisconsin Pardon Hearings

If you have a felony conviction in Wisconsin, there are many reasons that you may be wanting to get a pardon for your felony conviction. Employment, housing, and gun rights are some of the more frequent reasons I hear about as a Wisconsin Pardon attorney for why people want to get their felony convictions pardoned. Pardons are authorized by the Wisconsin Constitution. Wis. Const. art. V, sec. 6.

Wisconsin pardons can be challenging

But just because the Wisconsin Constitution provides the means to get a pardon, does not mean it’s a guarantee. It’s actually a challenging process to get record relief in Wisconsin. Wisconsin ranks 38th in the nation on laws related to restoring rights after an arrest or conviction. Although it is challenging, that does not mean you should give up. It just means that you should not take the pardon application process lightly. It’s important to put forth the best arguments possible to earn a pardon. There are many steps to the pardon application process but this blog article is going to focus on one aspect of what occurs at the Pardon Advisory Board Meetings (or often called Pardon Hearings).

Accountability as something the Pardon Advisory Board looks at

The Pardon Advisory Board lists numerous factor that they may consider determining whether they will recommend a pardon. But one of the most important factors is left unsaid. “Accountability” is not on the list, but consistently this is brought up at pardon hearings when applicants deny guilt or try too hard to justify their behavior. Some people don’t consider it because it’s not on the list. But if the Pardon Advisory Board continues to bring it up, you ignore it at your own peril. In the same way that anyone who plays baseball, is aware of the unwritten rules of baseball. A smart pardon applicant does not ignore what is not written.

Threading the needle of mitigating circumstances and taking accountability

I’m reminded of one Pardon Hearing, where there was an applicant that communicated that he was innocent and that he did not even know why he was even charged. One board member asked, “then why did you plead guilty?” That applicant’s chances were already sunk. He was left stammering. This is not a good look. It’s very important that you take accountability. If there was mitigating circumstances in your case, it’s often helpful to hire a lawyer to help you frame the issues so you continue to take accountability while also providing the mitigating circumstances. It’s a task akin to threading a needle. Emphasize the mitigating circumstances too much and it looks like you are denying responsibility. I’ve seen too many applicants butcher their chances by trying say how their case wasn’t that bad. Even if it wasn’t as bad as what it sounds, the Pardon Advisory Board is far more concerned with you taking accountability for your offense. And that is where a lawyer can be invaluable in helping thread that needle.

Conclusion

There is no denying that accountability is an important consideration in your efforts at getting a pardon in Wisconsin. If you are wanting to pardon your Wisconsin felony conviction, contact Subzero Expungements, Pardon and Appeals for a free consultation. 651-248-5142.