The Lingering Effects of Conviction
A pardon often serves as the only relief available to people who have completed their sentences, reformed their lives, and now contribute meaningfully to their communities. Although they have completed their sentences, the lingering effects of a conviction prevent those with criminal records from fully enjoying their lives. The consequences often include more limited employment and housing opportunities, difficulty gaining professional licenses, and the inability to serve as a juror, hold public office, legally possess a firearm, or volunteer in certain settings. Perhaps equally damaging, the convictions prevent those who substantially change their lives from fully embracing and enjoying the positive changes they have made. In many states, however, a pardon may relieve all disabilities resulting from a conviction.
Currently, 28 states and the District of Columbia rarely or inconsistently grant pardons. Some states rarely issue pardons due to policy decisions. However, many others do not have the resources to process the high number of pardon applications. Many people seeking a pardon submit applications, although they do not qualify under their state’s law or guidelines. This influx bogs down the system, which, in turn, delays the process for those who do qualify. Often, this dissuades those who qualify from applying or leads them to abandon their applications.
The Ohio Governor’s Expedited Pardon Project
Since 2019, the State of Ohio and its community partners have built a model that increases access for those who can demonstrate rehabilitation. Recognizing an administrative backlog problem, Governor DeWine created the Ohio Governor’s Expedited Pardon Project (OGEPP) as an alternative to the traditional pardon process. The OGEPP significantly cuts down pardon application processing time, often allowing the governor to issue pardons within a year rather than the usual wait time spanning three to four years.
Designing the New Pardon Process and Establishing the Qualification Criteria
As with any government endeavor, the administration of the OGEPP required considerable resources to implement. To fill this need, Governor DeWine sought assistance from the Drug Enforcement and Policy Center at The Ohio State University Moritz College of Law and the Reentry Clinic at the University of Akron School of Law. These universities worked with the Ohio Department of Rehabilitation and Correction (ODRC) to design the new pardon process and establish the criteria for qualifying for the program.
Since then, the University of Dayton School of Law (UDSL), the Cleveland State University College of Law, the University of Cincinnati College of Law, and the Ohio Justice & Policy Center have joined as additional service providers to assist applicants accepted into OGEPP. OGEPP also recruited several community partners who promote OGEPP in select counties throughout the state.
These service providers and community partners promote OGEPP, solicit interest, and process applications. The OGEPP project team then reviews the applications and selects candidates who have met OGEPP criteria and are likely to receive a pardon. It then notifies applicants of their acceptance into OGEPP and assigns their case to a service provider. The service provider assists clients with the necessary paperwork to complete their pardon applications free of charge. The service provider then submits the application to the Ohio Parole Board, which schedules a hearing at which the service provider represents the client. Finally, the parole board issues its recommendation to the governor, who decides on each pardon application. The governor may also order that pardoned convictions be sealed.
Serving the Pardon Project at the University of Dayton School of Law
The UDSL began serving as an OGEPP service provider in January of 2021, under the direction of faculty members Ericka Curran and Katie Wright and with the assistance of a grant from ODRC. As former Felony Division Chief at the Prosecutor’s Office in Clinton County, Ohio, Professor Wright saw firsthand the lasting impact that convictions have on community members. A long-time proponent of empathy and humanity in the legal justice system, Professor Wright jumped at the opportunity to help spearhead the project at UDSL.
"Receiving a pardon for a past offense can be a transformative experience for an individual, and being a part of the process is impactful for students as well,” Wright said. “It’s a way to remove barriers and offer hope and affirmation long after the sentence has been served."
At a press conference in December 2023, Governor DeWine announced that he had just issued his 100th pardon through the project.
Working Together to Implement Meaningful Change
UDSL’s project relies on the assistance of law professors, UDSL law students, and members of the community to provide qualified applicants with high-level representation in the OGEPP program. Additionally, the clinic provides UDSL students with client-facing, high-impact pro bono opportunities that greatly enrich their law school experience and education. OGEPP provides an excellent model for other states to replicate and expand upon. Young lawyers who wish to make a real and lasting impact while gaining valuable legal experience should lobby their government to implement a similar program.
The project represents the best of what lawyers, governors, legislatures, law students, and community activists can accomplish when they work together to implement positive and meaningful change in their communities and states. The project directly leads to more productive and successful citizens and more practice-ready and prepared lawyers.
Masooma Seyal, a 3L who volunteered with the project at UDSL in 2023, said working with clients in the project helped her see the legal system’s impact on individuals.
"Being able to reduce the stigma associated with criminal records and help people find their voice in society reinforces my belief that everyone deserves justice, fairness, and second chances," she said. "It has been a unique opportunity for me to grow professionally as well as make a significant impact on the community."
Visit the Ohio Governor’s Expedited Pardon Project to learn more about the project. Review your state’s policy and procedure regarding pardons and clemency by visiting the Collateral Consequences Resource Center.
