New Mexico Pardons

Authority
The pardon power rests exclusively with the governor. N.M. Const. art. V, § 6 (“Subject to such regulations as may be prescribed by law, the governor shall have power to grant reprieves and pardons, after conviction for all offenses except treason and in cases of impeachment.”); see also N.M. Stat. Ann. § 31-13-1(E). The governor’s power extends to all state offenses but does not include convictions for violations of municipal ordinances. See Executive Clemency Guidelines. The general guidelines on pardons and other forms of clemency applied by Governor Michelle Lujan Grisham are summarized on the New Mexico governor’s website.

Administration
The New Mexico Parole Board is authorized to investigate requests for pardon, at the request of the governor. N.M. Stat. Ann. § 31-21-17.

Eligibility
Those who have completed their sentences and have been discharged from supervision may apply for a pardon to restore civil rights. Executive Clemency Guidelines, supra § II; see also N.M. Stat. Ann. § 31-13-1(E). Per the guidelines established by Governor Lujan Grisham in 2019, applications may be submitted for any offense, but “ordinarily, pardon requests for applicants convicted of misdemeanors, DWI offenses, multiple felony convictions, sexual offenses, and violent offenses or physical abuse involving minor children will not be granted.” Executive Clemency Guidelines § II.A1 Under these guidelines, applicants with a felony conviction must remain free from arrest for five to ten years following discharge from supervision, depending upon the seriousness of the offense.2 The Governor will not normally consider a case with successful completion of a suspended or deferred sentence, because the person has already had their rights restored in New Mexico by operation of law, but “if for some reason a completed suspended or deferred sentence causes a serious impairment to an individual’s liberty or constitutional rights that can be remedied through a pardon, the Governor will consider granting a pardon.” Id.

Effect
A pardon restores rights of citizenship and relieves other legal disabilities under state law. A pardon does not expunge arrest or conviction records, and does not preclude use of a conviction as a predicate offense to enhance a subsequent sentence. Shankle v. Woodruff, 324 P.2d 1017, 1020-21 (N.M. 1958) (holding pardon does not prevent use of prior conviction for habitual offender sentencing). “[A]pplicants seeking to restore the right to bear arms must specifically request this when applying” and “must then wait an additional year to apply for the right to bear arms.” Executive Clemency Guidelines § II.A., n.10. Regarding federal law, the Guidelines explain that “[a]lthough the Governor cannot commute a sentence imposed under federal law or restore an individual’s rights under federal law, the Governor may restore an individual convicted under federal law to full citizenship rights under New Mexico law.” Id. § I.

Process
Download an executive clemency application form (updated April 2019). Completed application forms must be submitted to the governor’s office by mail (not electronically). The governor may then forward it to the Parole Board for investigation and recommendation. Id. § IV. The Parole Board will examine the request to determine whether it meets the criteria set forth in the guidelines; if not, the Parole Board will notify the applicant and the governor and no further action will be taken (however, Parole Board recommendations are not binding). Otherwise, the Parole Board will call for a field investigation by the Corrections Department. The Parole Board or the governor may also request input from the sentencing judge and/or prosecuting attorney. After reviewing all materials, the governor will decide whether to grant clemency. Id. Applicants must include a letter stating the facts of the crime and the reasons for requesting pardon, arrest records, and certified court documentation. See Application Form. If an applicant is denied a pardon, the applicant is not eligible to reapply until four years following the date of the application. Executive Clemency Guidelines § IV. Applicants who were denied a pardon by a prior administration are eligible to reapply two years after the date of the original application. Id.

Criteria and Standards
The 2019 guidelines set forth a “holistic review,” stating that the “Governor’s pardoning power should only be exercised when doing so is in the interests of justice and equity. In making this determination, the Governor employs a holistic review that gives due consideration to the nature of the underlying offense and the applicant’s role in the underlying offense, the impact of the crime on any victim(s) and society as a whole, and any other factors weighing on the fundamental fairness of granting a pardon to the applicant.”3 Id. § III. Applicants should include any significant achievements and evidence of good citizenship (i.e. charitable and civic contributions, voluntary community service activities, military service, and educational degrees or professional certificates), and the governor “will view favorably any civic contributions and educational accomplishments of applicants both prior to and after conviction.” In addition, the governor will consider “whether the applicant has been a law-abiding citizen and a productive member of society after their conviction,” giving consideration will be given to consistent employment and lack of a criminal record after discharge, and the governor “will weigh whether the applicant has demonstrated personal growth.” Applicants should provide any information they feel “shows personal development and positive life changes since the commission of the offense” and any evidence that the applicant has “accepted responsibility, demonstrated remorse, or atoned for their offense(s).” Voluntary participation in substance abuse, other treatment programs, and restorative justice initiatives will also be considered. Id.

Frequency of Grants
Pardons in the past have been relatively infrequent, although current Governor Lujan Grisham has signaled a new approach to executive clemency. Former Governor Susana Martinez issued just 3 pardons out of 255 requests in her eight years in office (2011-2019). Former Governor Bill Richardson issued 74 pardons out of 1,051 requests in his eight years in office (2003-2011). (Former Governor Gary Johnson issued 113 pardons out of 1,304 requests in his eight years in office (1995-2003). Sources: Governor’s Office and Jeff Proctor, Former Gov. Martinez stayed stingy with pardons to the end, New Mexico In Depth (Jan. 23, 2019),