Well Friends, It Goes Out Tomorrow

[darkkevin]

wow that sucks! is there any sort of appeal process? i didn't read the entire thread, but did you do this with the assistance of an attorney or by yourself?

 

[IndyDave1776]

I hate times like this--when I really want to help but there isn't anything I can do to change anything. The best I can offer is sharing a small portion of the grief by virtue of caring.

 

[phylodog]

Really sorry to hear that you were denied. Perhaps when there is a change in the administration the new officials will have a different approach?

 

[GodFearinGunTotin]

wow that sucks! is there any sort of appeal process? i didn't read the entire thread, but did you do this with the assistance of an attorney or by yourself?

This was my first thought...Is this final?

My regrets, man.

 

[RedneckReject]

I'm so sorry to hear about the denial. I know it doesn't help much but I believe (and I think many others here do too) that a stupid choice doesn't determine who you are. I don't know you well but from what you've said it sounds like you learned from that experience and are determined to be a good person all around. It's a shame that the people which this decision was left up to don't see that. I hate when things like this happen to people when they deserve better. So sorry.

 

[Justin Case]

I'm so sorry to hear about the denial. I know it doesn't help much but I believe (and I think many others here do too) that a stupid choice doesn't determine who you are. I don't know you well but from what you've said it sounds like you learned from that experience and are determined to be a good person all around. It's a shame that the people which this decision was left up to don't see that. I hate when things like this happen to people when they deserve better. So sorry.

Ditto...

Don't give up. Don't ever give up!

 

[Kirk Freeman]

Wait, New York's standard is clear and convincing evidence of actual innocence?

I am sorry, this does not sound right. Have you conferred with your attorney about this?

 

[NYFelon]

Wait, New York's standard is clear and convincing evidence of actual innocence?

I am sorry, this does not sound right. Have you conferred with your attorney about this?

The entire letter:

Dear Mr. NYFelon,

I would like to acknowledge your recent letter to Governor Cuomo concerning a pardon.

Pardons are considered only when there is overwhelming and convincing proof of innocence which was not available at the time of the individual's conviction. In addition, a pardon is not made if an individual has available adequate administrative or other legal remedies.

Certificates of Relief from Disabilities and in cases of multiple felony offenders, Certificates of Good Conduct are meant for situations where individuals previously convicted of criminal activity may have demonstrated subsequent periods of stability and capacity to lead law-abiding lives.

Enclosed is an application for a Certificate of Relief/Good Conduct for your possible use.

Sincerely,
Donald D. Fries
Director
Executive Clemency Bureau

However, I have pointed to at least one case in the recent past wherein this statement is rendered ultimately false. Richard "Slick Rick" Walters shot 2 people, and did time in a state penitentiary. He was released, completed his parole, and was granted a full and unconditional pardon in 2008. No proof of innocence. He did it. But he got pardoned. However, in true Tammany Hall fashion, he's rich and famous, and I'm just some hump from a working class neighborhood on Long Island.

I have consulted 2 attorneys prior to this. One refused to take the case (his prerogative) because the conviction was for a crime of violence. The other advised me that I should take the Relief of Disabilities route. The thing is, I'm studying engineering. A Relief of Disability counts as a "consideration of rehabilitation" but does not remove record of conviction. This means that even with the CRD, I may not be able to be licensed. Yes, I want my firearms rights back, but honestly that is secondary to my studies and my desire for professional licensure.

My apologies in the delay.

 

[T.Lex]

Wait - that's the whole letter? Does it actually say "denial" anywhere?

I know bureaucracies, and that looks more to me like a letter that says, "We got your stuff. We'll get back to you, but it doesn't look good." Which is less than an actual denial.

 

[NYFelon]

That is the entire letter. The word denial is not actually mentioned, no. But why make mention of the fact that pardons are only issued in event of "overwhelming and convincing proof of innocence" and include the application for CRD if they don't mean denied?

 

[T.Lex]

Because that's what the checklist says to do.

It might be worth another letter thanking them for the material (might be worthwhile to fill it out, too - a belt and suspenders kind of thing), and ask them to confirm that the pardon request will still be considered. Also, make sure they aren't waiting for something else from you. If they think you "abandoned" your request, they don't have to do anything with it. Also, calendar it for every 3 months or so to send a polite letter asking about status.

Edit: I have no idea about NY in specific, just bureaucracies in general.

 

[NYFelon]

Because that's what the checklist says to do.

It might be worth another letter thanking them for the material (might be worthwhile to fill it out, too - a belt and suspenders kind of thing), and ask them to confirm that the pardon request will still be considered. Also, make sure they aren't waiting for something else from you. If they think you "abandoned" your request, they don't have to do anything with it. Also, calendar it for every 3 months or so to send a polite letter asking about status.

Edit: I have no idea about NY in specific, just bureaucracies in general.

I'm actually drafting a return response. I graciously acknowledged their sending of the app for CRD. I made mention of the case of Mr Walters. I indicated that I have in fact met and exceeded the standard judged adequate to grant pardon to him, in terms or civil commitment and involvement in community, as well as time as a law abiding citizen. I don't really know what else to include, but it seems incomplete. I've been sleeping on it, but seem stuck. Currently it ends ...

I too sir served my full and complete sentence as determined by a court in the State of New York and agreed to by the District Attorney, the Representative of the People of New York during criminal proceedings. I have since led an exemplary life of rehabilitation as I have elaborated upon in my previous letter to His Honor, the Governor of the State of New York. With this in mind, I respectfully resubmit my request for executive clemency to His Honor.

Sincerely,
NYFelon

I don't know if it seems pugnacious or irreverent though. At no point is it hostile, but it sort of seems like I'm telling them how to do their job when I read it. So, I'd like to recraft it, but as I said, I'm kind of stuck.

 

[T.Lex]

I'd drop the glamorous language. Keep it simple. Write it for someone with a high school degree/GED. (Not a dis, just that you really do want to keep it that simple.)

Also, try to make it sound like you NEED their help. People generally want to feel helpful for people that they think genuinely appreciate it. Your verbosity is off-putting.

Just some suggestions, at a functional level, it won't really matter. The die has been cast.

 

[NYFelon]

Hmmmm. That's just how I write, seriously. It's how I wrote the first one as well. I guess I can dumb it down. The original letter most definitely indicated that I absolutely needed their help, and that the future I hope to make for myself and my family essentially hangs on their decision.

 

[Ricnzak]

It took a friend of mine something like 6 years to get his. Usually they will not do it until right before they leave office. They don't want the rap of you getting a gun then going out and doing something stupid. Our Governor is out soon and my buddy got his pardon 2 weeks ago.

 

[vibrationeng]

Good luck. I've often wondered if my BIL shouldn't do the same think, ask for clemency, for something stupid he did years ago.

 

[Hookeye]

Coworker got popped years ago. No time served, non violent felony, paid restitution (theft).
He was b*tchin' 'cause he had to do all sorts of politicing, community service and still drop 8K to get the process going.

I told him it was a "pay me now, or pay me later" type of thing. Since he didn't pay them then (serve time) they were gonna make him pay through the wallet.

He was on the verge of having things cleaned up, and got busted for something else (felony).

Idiot.

I think the system slow, due to being a bureaucracy, but also as a test. The slow deal allowed him enough time to prove he wasn't worth pardon.

Stay positive and patient and hopefully you'll be just rewarded