§ 24–481.05. Eligibility for a clemency recommendation.

(a) All individuals convicted of violating District laws or regulations shall be eligible to apply for a clemency recommendation from the Board.

(b) No application for a clemency recommendation shall be filed pursuant to this chapter if other forms of judicial or administrative relief are available based on existing law and already-discovered evidence.

(c) The application criteria developed by the Board, pursuant to § 24-481.03(b)(1), for applicants seeking a pardon shall require the applicant to:

(1) Before applying, wait 5 years after the date of the release of the applicant from confinement or, in case no prison sentence was imposed, wait 5 years after the date of the conviction of the applicant;

(2) Not have been convicted of any other criminal offense that is relevant to the conviction for which the applicant seeks clemency, as determined by the Board;

(3) Not be subject to any pending criminal charge that is relevant to the conviction for which the applicant seeks clemency, as determined by the Board;

(4) Not be a party to a past or pending civil case that is relevant to the conviction for which the applicant seeks clemency, as determined by the Board;

(5) Except for cases of actual innocence, demonstrate that the applicant has been rehabilitated; and

(6) Describe how the receipt of a pardon would help the applicant achieve the applicant's goals and contribute to the community.

(d) The application criteria developed by the Board, pursuant to § 24-481.03(b)(1), for applicants seeking a commutation shall require the applicant to:

(1) Except for cases of actual innocence, demonstrate that the applicant has been rehabilitated; and

(2) Describe how commutation would help the applicant achieve the applicant's goals and contribute to the community.

(e) An applicant shall be given special consideration if the sentencing scheme, including a mandatory-minimum sentence, for the offense for which the applicant was convicted was changed to provide for less severe penalties after the applicant was convicted under the sentencing scheme.