Montana-Pardon

The pardon power is vested in the governor, but the legislature may control the process.  The governor must report pardons, with reasons, to the legislature.  Prior to March 2015, the governor could issue a pardon only upon the favorable recommendation of the board of pardons and parole, but the board’s role in clemency cases has been converted by constitutional amendment to an advisory one.  While the governor is still required by statute to premise action on a board recommendation, after a hearing, that recommendation is no longer binding. There are no formal eligibility criteria.  A pardon removes legal consequences of conviction and is grounds for expungement.  Pardons are infrequently recommended by the board and even less frequently granted by the governor.