AGO 85-44.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-44. Office of the Attorney General State of North Dakota Opinion No. 85-44Date Issued: December 3, 1985Requested by: James L. Marion Chief Parole Officer--QUESTION PRESENTED-- Whether a pardon acts to remove the punishment resulting from a criminal conviction, but does not act to remove the fact of guilt and other circumstances surrounding the commission of the crime.--ATTORNEY GENERAL'S OPINION-- It is my opinion that a pardon acts to remove the punishment resulting from a criminal conviction, but does not act to remove the fact of guilt and other circumstances surrounding the commission of the crime. --ANALYSIS-- The authority in North Dakota to grant pardons is found in Article V, § 6 of the North Dakota Constitution which states, in part, as follows:

Section 6. The governor shall have power in conjunction with the board of pardon of which the governor shall be ex officio a member and the other members of which shall consist of the attorney general of the state of North Dakota, the chief justice of the supreme court of the state of North Dakota, and two qualified electors who shall be appointed by the governor, to remit fines and forfeitures, to grant reprieves, commutations and pardons after conviction for all offenses except treason and cases of impeachment; but the legislative assembly may by law regulate the manner in which the remission of fines, pardons, commutations and reprieves may be applied for.

The statutory provisions concerning pardons are found in N.D.C.C. Ch. 12-55. Specifically, N.D.C.C. § 12-55-05 provides exclusive and sole authority with the Board of Pardons to remit fines and forfeitures and to grant reprieves, commutations, and pardons after conviction for all offenses except treason or in cases of impeachment. Furthermore, N.D.C.C. § 12-55-12 authorizes the Board of Pardons to grant an absolute or conditional pardon in carrying out its statutory authority. Neither in the Constitution nor in the statutes of this state is the term 'pardon' defined. N.D.C.C. § 1-02-02 provides that words used in statutes unless specifically defined are to be understood in their ordinary sense. An ordinary sense definition of the term 'perdon' is as follows:

The exemption of a convicted person from the penalties of an offense or crime, by the power of the

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