How Do You Get Pardoned in Massachusetts?
If you’re seeking a pardon in the state of Massachusetts—like Mark Wahlberg—history shows there’s a good chance you’ll be turned down.
On Friday, when asked about the actor’s petition, Governor Deval Patrick told reporters, “Well, he’s got to get through the parole board. He’s going to be treated like everyone else.’’
Since Patrick took office in 2007, there have been no pardons issued to anyone for almost eight years. Wahlberg became one of the most notable petitioners this year when he submitted a pardon application to the Massachusetts Advisory Board of Pardons on Nov. 24. He’s seeking to expunge a 1988 assault from his record.
The Massachusetts Parole Board, which serves as the board of pardons, received over 70 pardon petitions to date this year and 27 in 2013, said parole board chief of staff Caitlin Casey.
The pardon petition begins when a person with a criminal record submits an application to the parole board. That application can include personal and criminal information, references on behalf of the petitioner, and reasons for seeking a pardon.
After the application is submitted, the parole board investigates the petition, which includes a review of all criminal records (such as police and court records), facts stated in the application by the petitioner, and consideration of letters or recommendations given by people who support or oppose the petitioner.
Wahlberg’s petition states that letters of recommendation will come from his longtime mentor and priest Jim Flavin, Bob Scannell, who is described as a partner and longtime mentor, and other people.
In his petition, Wahlberg details reasons for why his application should be reviewed under the executive guidelines for “particularly meritorious clemency petitions.’’ These are guidelines for petitioners who are considered to have “made extraordinary contributions to society.’’ If the petition meets the threshold requirements for these guidelines, his petition will be reviewed within one month of the filing and completed, with recommendation to the governor, within three months of filing, said Casey.
If the board of pardons determines that a petition warrants a public hearing based on the clemency guidelines, the board questions the petitioner, and any witnesses appearing on his or her behalf, about his or her pardon application at the parole central office in Natick, said Casey. Hearings are videotaped and recordings are made public.
After a hearing, the board of pardons makes a recommendation on the petition to the governor. If the recommendation is “favorable,’’ the Office of the Governor evaluates the petition and the final decision is made by Patrick. Any petitioner granted a pardon for his or her crimes must also gain the consent of the Governor’s Council.
If Wahlberg’s petition goes through the process before Jan. 8, 2015, Patrick would have the final say. However, if the process goes beyond that date, the petition would go to Governor-elect Charlie Baker.
To comment, please create a screen name in your profile
To comment, please verify your email address
Conversation
This discussion has ended. Please join elsewhere on Boston.com