Can a California governor pardon help an immigrant?

This page is for noncitizens with a California conviction and the people who help them. The pardon itself is a California process. Its effect on deportation comes from federal law, the same in every state. It is general information, not legal advice. DNLH is not a law office and cannot apply for a pardon for you.

What is a pardon?

A pardon is an official act of forgiveness from the Governor. The power comes from Article V, Section 8 of the California Constitution, and it covers California convictions only. The Governor cannot pardon a conviction from another state or a federal case.

A pardon does not say the crime never happened. It recognizes that you have been rehabilitated. In California it relieves many, but not all, of the penalties tied to a conviction. For an immigrant, its biggest value is what it can do under federal immigration law.

Can a pardon stop my deportation?

Sometimes. Federal law, 8 U.S.C. 1227(a)(2)(A)(vi), says four crime grounds do not apply if, after the conviction, you received a full and unconditional pardon from the President or the Governor of a state. Those grounds are:

• One crime involving moral turpitude (a CIMT, meaning a crime seen as dishonest or ill intended) within 5 years after admission
• Two or more crimes involving moral turpitude
• An aggravated felony
• High speed flight from an immigration checkpoint

If your deportation case rests only on one of these, a pardon may end that ground. The pardon has to be full and unconditional. A pardon with conditions attached may not count, so ask your lawyer to read the grant.

What can a pardon not fix?

Know this before you spend years on it. The pardon rule covers only those four grounds. It does not list:

• Drug convictions. These are a separate ground in the same law.
• Firearm convictions.
• Domestic violence, stalking, child abuse or violating a protection order. See Can a domestic violence charge or restraining order lead to deportation?
• Applying for a green card or coming back from a trip. The pardon rule sits in the deportation section. The section on who may get a green card or be admitted, 8 U.S.C. 1182, has no pardon waiver at all. A pardon may not help if you are applying to adjust status or returning from travel. Your lawyer should confirm how this applies to you.

Will I still have to report the conviction?

Yes. A pardoned offense is still part of your history. The citizenship form instructions tell you to report every offense, including ones that were pardoned or expunged. Leaving one out can lead to a denial. See Applying for citizenship with an arrest or record.

Is a pardon better than other fixes?

Usually a pardon is a last option, not the first.

• Penal Code 1473.7 lets a court vacate a conviction if your plea had a legal problem, such as no one explaining the immigration effects. A conviction vacated for a legal defect no longer counts for immigration. It goes through a judge, it can help with drug convictions too, and it is often faster. See Cancel an old conviction under 1473.7.
• Expungement (Penal Code 1203.4) helps with jobs. USCIS says an expunged conviction still counts for immigration.
• A pardon helps with the 4 grounds above, and it can matter most when no court fix is possible.

An immigration lawyer can tell you which path fits. Many people work on more than one at the same time.

How do I apply?

The Governor's pardons page lists two routes. We read it on October 21, 2026.

Route 1: Certificate of Rehabilitation first. You ask the superior court in the county where you live, or where you were convicted, for a Certificate of Rehabilitation. If the judge grants it, it becomes an automatic pardon application and the court sends it to the Governor. The Governor's office encourages this route for people who qualify. You must notify the Governor's office when you file the court petition, by email to pardons@gov.ca.gov or by mail.

• Who qualifies: most people with a California felony conviction (Penal Code 4852.01). Some sex offenses and people on mandatory life parole are excluded.
• Waiting period: the clock starts when you are released from custody or put on parole or probation, whichever is sooner. You then need 5 years of California residence, plus 2 more years for most offenses (4 more for life sentence offenses, 5 more for registrable sex offenses) (Penal Code 4852.03).
• After a court grants the certificate, the Board of Parole Hearings reviews it within one year and makes a recommendation to the Governor.
• Your county public defender or the California Courts self help site can explain the court petition.

Route 2: Direct pardon. You send the 2 page Pardon Application to the Governor's office. You also send a Notice of Intent to Apply for Clemency to the district attorney in each county where you were convicted. You may add letters of support and certificates. The Board of Parole Hearings says this route is used mainly by people who now live outside California and by people who cannot get a certificate, such as people with only misdemeanor convictions.

Either route: the Board of Parole Hearings investigates. It reviews your criminal history, court and police records, and any prison file. There is no fee. You do not need a lawyer to apply, though an immigrant should have one look at the immigration side first.

Two or more felonies: the Governor cannot pardon someone with more than one felony conviction without approval from the California Supreme Court. The Governor's office asks for that approval when needed. You do not file it yourself.

Applied before January 2019 and never heard back? That application was closed. The Governor's page explains how to reapply.

What does the Governor look at?

The Governor's office says it considers:

• The effect of a pardon on victims, survivors and the community, and whether it fits public safety
• How old the offense is, what happened, and how old you were
• What you have done since, including programs and treatment
• Your need for a pardon

That last point matters for immigrants. Facing deportation for a pardonable ground is a real, concrete need. Your lawyer can help you explain it.

How long does it take?

There is no set timeline, and the Governor is not required to act on any application. You will be notified if the Governor acts or needs more information. If your address, phone or email changes, tell the office at pardons@gov.ca.gov. Plan for a long wait and keep working on other fixes at the same time.

I am in immigration court. Will the judge wait for my pardon?

You can ask, but there is no promise. An immigration judge may grant a continuance for good cause. Your lawyer can ask for more time and show proof that you applied. The judge decides. Do not skip a court date or a deadline because you applied for a pardon. See What happens if I miss immigration court.

What does this look like in real life?

Example (fictional): Marco has had a green card for 15 years. In 2012 he was convicted of a felony theft and served a year. The government now says that conviction is an aggravated felony. His lawyer first checks whether the old plea can be vacated under 1473.7. It cannot, because his defense lawyer did explain the risks. Marco has lived in California for more than 7 years since his release, so he files a Certificate of Rehabilitation petition in his county and sends notice to the Governor's office. He gathers letters from his employer and his children's school. His immigration lawyer tells the judge about the pending petition and asks for a continuance. The judge decides whether to wait. A pardon could remove the aggravated felony ground. It would not help if his only problem were a drug conviction.

What helps a pardon request?

Things that show who you are today:

• Proof you finished your sentence and probation
• Steady work, school or training
• Letters from employers, teachers, faith leaders and neighbors. See How to write a character reference letter.
• Volunteer service
• Proof you supported your family
• Your own honest statement about what happened and what changed

Your story of change is real evidence. A pardon exists because people grow.

Who can help?

These are free or low cost public offices and nonprofits. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your county public defender: many offer free help with Certificate of Rehabilitation petitions. The Governor's office points applicants there.
• Community Legal Services in East Palo Alto (CLSEPA): record clearance and immigration help for low income residents of San Mateo and Santa Clara counties. 650-326-6440. clsepa.org/services
• State funded immigration legal help anywhere in California: the California Department of Social Services provider map, or call (916) 651-8017.
• Questions about the pardon process itself: the Board of Parole Hearings at M_BPHPardon@cdcr.ca.gov.
• More options: Free or low cost immigration legal help in the Bay Area and How to find an immigration lawyer you can trust.

Is there a checklist I can print?