Legal Question in Criminal Law in Florida

Hi, I have a question, I was convicted of a felony crime of embezzling mail matter in 2004, was sentence to 1yr and a day in a federal prison camp, served 10 months, released to a half way house for 90 days, done my time, paid all restitution, serve my probation time for 3 yrs, in the state of florida, it was before after you serve your time made all restitution and probation you could apply to have your rights restored, well after governor Scott got into office this all changed and now you will have to wait for a period of time before you can apply(depending on your offense), for myself this period was an additional 5 yrs, so I waited and applied again, once in 2009 waited another 5 yrs and applied again in 2014, when I call the clemency board in 02/2015 to check the status of my application, I keep getting the run around, about the status of my application, my question is what can I do, it's been almost 7yrs trying to get my rights restored for a low level offense, is there anything I can do or am I at the mercy of Governor Scott and his Clemency Board???

Thanks


Asked on 4/16/15, 4:48 am

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

I think I see the problem. Your question indicates that you were convicted of a federal crime. The governor of Florida and his clemency board has absolutely nothing to do with federal offenses. Florida's clemency board and governor only has jurisdiction over state criminal cases, not federal. You will never have your application for clemency regarding a federal crime from the state government. Instead, you should be contacting the federal Department of Justice to submit an application for pardon.

Attached is a link for the pardon information and instructions to the Department of Justice: http://www.justice.gov/pardon/pardon-information-and-instructions

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Answered on 4/16/15, 7:32 am


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