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Can I Be Pardoned or Have My Sentence Commuted Under Governor Evers’ Executive Order?
In April 2026, Governor Tony Evers signed two executive orders restoring Wisconsin's commutation process. Combined with the pardon process Governor Evers reinstated when he first took office, under which he has now issued a record-breaking 2,000 pardons, these executive orders represent a genuine second chance for thousands of people who are either currently incarcerated or carrying the weight of a felony conviction long after their sentence ended.
If you or someone you love is wondering whether a pardon or commutation might be possible, there could be hope. Our Wisconsin criminal defense attorneys for pardons and commutations diligently work on these cases and have successfully petitioned for pardons for many clients.
What Is the Difference Between a Pardon and a Commutation?
These two forms of executive clemency are often confused, but they serve very different purposes.
Pardon
A pardon is a grant of forgiveness from the Governor. It does not erase a conviction or seal a record, but it restores certain civil rights and privileges and relieves many of the legal disabilities that follow a felony conviction.
Pardons are only available to people who have already completed their entire sentence, including any probation, parole or extended supervision. Those applying for pardons cannot have any pending criminal cases or charges, and it must have been at least five years since finishing the most recent criminal sentence.
Commutation
A commutation is different from a pardon. It can actually reduce a sentence that a person is currently serving and let them out of jail or prison. Under Executive Order #287, the Governor now has a formal process for reviewing commutation applications and potentially shortening the time someone spends in prison. This is a more immediate and urgent form of relief for people who are still incarcerated.
Article V, Section 6 of the Wisconsin Constitution gives the Governor the exclusive and discretionary power to grant both pardons and commutations. No court can override that decision, and no legislature can block it.
Who Is Eligible for a Pardon in Wisconsin?
To be eligible for a pardon under Governor Evers' process, all of the following must be true:
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You are seeking a pardon for a Wisconsin felony conviction
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At least five years have passed since you completed your entire sentence, including all confinement and supervised release
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You have no pending criminal cases or charges in any jurisdiction
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You are not currently required to register as a sex offender
Misdemeanor convictions may be considered alongside a felony if they were resolved at the same time and appear on the same judgment of conviction. The Board is not reviewing applications for misdemeanor-only convictions.
Who Is Eligible for a Commutation?
Eligibility for a commutation is more complicated. Under Executive Order #287, applicants must have served at least half of their incarceration term, or at least 20 years of a life sentence. They must have a record of rehabilitation and good behavior, and they cannot have any incidents of violent misconduct within the last five years of their current term.
Certain convictions are categorically excluded from commutation consideration, including sexual assault, physical abuse of a child, sexual exploitation of a child, trafficking of a child, incest and soliciting a child for prostitution. Applicants currently required to register as a sex offender are also ineligible.
Governor Evers also signed Executive Order #288, which creates a separate commutation process specifically for youth offenders serving life sentences. This order recognizes what the U.S. Supreme Court acknowledged in Miller v. Alabama: Mandatory life sentences without the possibility of parole are unconstitutional for juvenile defendants, and that young people who commit crimes possess greater potential for rehabilitation and a lower likelihood of reoffending once they reach maturity.
How Does Wisconsin's Commutation Review Process Work?
Applications are reviewed by a newly created Commutation Advisory Board, which holds public hearings and makes non-binding recommendations to the Governor. The Department of Corrections provides the Board with records of an applicant's conduct and programming history. The Board considers four primary factors in evaluating each application:
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The impact of a commutation on victims, survivors and community members
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Whether the commutation is consistent with public safety and the interests of justice
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The applicant's behavior in prison
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The applicant's personal growth and development since conviction, including rehabilitative programming, education, treatment and work history
Applicants must notify the circuit court and district attorney's office that oversaw their conviction. Victims registered with the state Office of Victim Services and Programs also receive notice and have the opportunity to provide input.
A recommendation from the Board is not binding on the Governor, who retains full discretion over every clemency decision.
Do You Need an Attorney to Ask for a Pardon in Wisconsin?
The pardon and commutation processes are not simply a matter of filing the right paperwork and hoping for the best. Like virtually any legal argument, how your case is presented can make an enormous difference in the outcome.
A strong application tells a compelling story. It documents the full arc of a life — not just the conviction, but everything that has happened since. An attorney can help create a true narrative based around rehabilitation programs, education, family relationships, community contributions, and genuine remorse. The Governor and the Advisory Board are human beings making judgment calls about second chances. An experienced attorney can give them the right reasons to say yes.
An effective application also anticipates and addresses the concerns a board member or the Governor's office might raise before they raise them. It means preparing a client thoroughly for a hearing, where first impressions and genuine accountability carry real weight. It means understanding the criteria well enough to know when an application is strong and when more groundwork needs to be laid first.
At Gimbel, Reilly, Guerin & Brown, LLP, we are proud of our proven record of successfully guiding clients through Wisconsin's pardon process. We are now actively working with clients pursuing commutations under Governor Evers' new executive orders. We know what these boards respond to, and we know how to build cases that hold up under scrutiny.
Call a Wisconsin Pardon and Clemency Attorney Today
If you believe you or a loved one may qualify for a pardon or sentence commutation under Governor Evers' executive orders, do not wait. These processes take time and the help of a skilled Milwaukee post-conviction lawyer. At Gimbel, Reilly, Guerin & Brown, LLP, Attorneys Adam Shleis, Patrick Campbell, and Andrew Flood have a proven record of successfully securing pardons for our clients.
Call 414-271-1440 today and let us take a second look at your case.
