O.C.G.A. § 42-9-54 (2019)
Effect of pardons upon civil and political disabilities; conditional pardons prohibited
(a) All pardons shall relieve those pardoned from civil and political disabilities imposed because of their convictions. (b) No conditional pardons shall be issued.
History
Ga. L. 1943, p. 185, §§ 20, 26. Administrative rules and regulations. Other Clemency, Official Compilation of
the Rules and Regulations of the State of Georgia, Rules of State Board of Pardons and Paroles, Rules, Rule 475-3-.10.
Annotations
JUDICIAL DECISIONS Ineligibility to hold office. - When the right of a county commissioner to hold office is attacked by reason of the commissioner having been, previous to the commissioner’s election, convicted of a felony, and therefore not a qualified voter or eligible “to hold any civil office,” the fact
that the commissioner received a pardon after the institution of the quo warranto proceedings, but prior to the decision of the trial judge, does not remove the commissioner’s ineligibility. Hulgan v. Thornton, 205 Ga. 753, 55 S.E.2d 115, 1949 Ga. LEXIS 575 (1949).
OPINIONS OF THE ATTORNEY GENERAL Civil disabilities restorable by pardon generally. - “Civil disabilities” which may be restored by pardon following conviction for crime and suspension or revocation of civil rights are the customary civil rights which ordinarily belong to a citizen of the state which are generally conceded or recognized to be the right to hold office, to vote, to serve on a jury. 1954-56 Ga. Op. Att’y Gen. 506. License to carry pistol. - Relief by pardon applies to those disabilities placed upon persons who have been convicted of felony or forcible misdemeanor and are seeking to secure a license to carry a pistol under former Code 1933, §§ 26-5104 and 26-5105 (see now O.C.G.A. § 16-11-129). Op. Att’y Gen. No. U71-10. Ineligibility to hold office. - Construing Ga. Const. 1976, Art. II, Sec. II, Para. I (see now Ga. Const. 1983, Art. II, Sec. II, Para. III), and this section, a person who has been convicted of any
crime involving moral turpitude and who has not been subsequently pardoned is not eligible to hold the office of trustee for a local public school. 1954-56 Ga. Op. Att’y Gen. 295. Reinstatement of driver’s license. - Notwithstanding the fact that an individual has been pardoned for a traffic offense, an individual is not entitled to have one’s driver’s license reinstated. 1954-56 Ga. Op. Att’y Gen. 506. Other rights not affected by pardon. - Right to operate a motor vehicle, to practice a profession, and other extraordinary rights granted and regulated by the state under the state’s police power are not affected by a pardon. 1954-56 Ga. Op. Att’y Gen. 506. Conviction cannot be denied under oath. - Convicted felon cannot state under oath, after pardon, that the felon has never been convicted of a crime. 1973 Op. Att’y Gen. No. 73-61.
RESEARCH REFERENCES Am. Jur. 2d. 59 Am. Jur. 2d, Pardon and Parole, §§ 51 et seq., 116 et seq. ALR. Pardon as affecting previous offenses or punishment therefor, 57 A.L.R. 443. Pardon as defense to proceeding for suspension or cancellation of license of physician, surgeon, or dentist, 126 A.L.R. 257.
Pardon as restoring public office or license or eligibility therefor, 58 A.L.R.3d 1191. Pardon as defense to disbarment of attorney, 59 A.L.R.3d 466. Right in absence of express statutory authorization, of one convicted of crime and imprisoned or paroled, to prosecute civil action, 74 A.L.R.3d 680.