Executive Clemency in Wisconsin: Pardons, Commutations, Constitutional Authority, and Historical Trends

Introduction

Executive clemency is a constitutional power vested exclusively in the Governor of Wisconsin. Unlike appeals, sentence modifications, or postconviction motions, executive clemency is an act of executive discretion grounded in mercy, rehabilitation, public policy, and justice.

I. Constitutional Authority

Wisconsin Constitution, Article V, Section 6 provides that the Governor has authority to grant reprieves, commutations, and pardons after conviction, except in cases of treason and impeachment.

II. Forms of Executive Clemency

Pardons. A pardon is an act of forgiveness that may restore certain civil rights but does not erase or expunge a conviction. Commutations. A commutation reduces or modifies an existing sentence. Reprieves. A reprieve temporarily postpones punishment.

III. Wisconsin Pardon Eligibility

Current eligibility requirements generally include completion of the entire sentence at least five years earlier, no pending criminal matters, and ineligibility for applicants required to register as sex offenders.

IV. Application Process

1. Determine eligibility.
2. Complete and submit the Governor's pardon application.
3. Administrative review for completeness.
4. Review by the Pardon Advisory Board.
5. Public hearing before the Board when scheduled.
6. Recommendation vote by the Board.
7. Final decision by the Governor.

The Governor is not legally required to follow the Board's recommendation.

V. Historical Trends

Governor Scott Walker issued no pardons during his tenure. Governor Tony Evers restored the pardon process in 2019 through Executive Order No. 30. Since then, more than 2,000 pardons have been granted, representing the most active clemency period in Wisconsin history.

VI. Statistical Observations

Available public data indicates:

• More than 1,000 pardons granted by 2023.
• More than 1,800 pardons granted by late 2025.
• More than 2,000 pardons granted by 2026.

Eligibility alone does not guarantee relief. The process remains discretionary and competitive.

VII. What Decision Makers Appear to Value

Public hearing records and guidance materials suggest significant emphasis upon:

• Acceptance of responsibility
• Demonstrated rehabilitation
• Employment stability
• Community involvement
• Character references
• A documented need for a pardon

VIII. What a Pardon Does Not Do

A pardon does not expunge a conviction, seal court records, vacate a judgment, or establish innocence.

Conclusion

Executive clemency remains one of the most significant forms of post-conviction relief available under Wisconsin law. The restoration of the pardon process in 2019 and the reintroduction of commutations have transformed Wisconsin's clemency landscape and made executive mercy an active component of the state's criminal justice system.

Selected Authorities

• Wis. Const. art. V, § 6.
• Exec. Order No. 30 (Wis. Mar. 13, 2019).
• Exec. Order No. 130 (Wis. Sept. 14, 2021).
• Wisconsin Office of the Governor, Pardon Information.
• Wisconsin Office of the Governor, Commutation Information.