MCC.6.3.030 Pardon and Forgiveness Eligibility and Application

(a) Eligibility. A Tribal member may receive a pardon for any criminal conviction(s); and any individual may receive forgiveness for an act(s) that renders the individual ineligible: for housing with the Tribe; Tribal employment; an occupational license, certification or permit issued by the Tribe; a foster care license issued by the Tribe; or other Tribal benefit.

(1) Upon completion of incarceration, parole, probation and/or deferred prosecution, Tribal members shall be eligible to apply for a pardon.

(2) One (1) year after an act is committed, or affirmed through the conclusion of any appeal process, an individual shall be eligible to apply for pardon or forgiveness.

(b) Ineligibility. An individual is ineligible for a pardon or forgiveness if he or she is: being investigated for an act and if found to have committed such act, would be ineligible for the benefit he or she is seeking; or appealing a termination and the termination makes him or her ineligible for the benefit he or she is seeking; or currently incarcerated, on parole, probation, and/or under a deferred prosecution agreement; or has any outstanding penalties or fines.

(c) Initiating an Application. Applications for a pardon or forgiveness may be obtained from the Human Resources Director or on the Tribal website. Completed applications shall be filed with the Human Resources Director in person, during normal Tribal business hours, or sent by certified mail to the Human Resources Department at 13394 W Trepania Rd, Hayward, WI 54843.

(d) Required Application Information. Each applicant is responsible for submitting all required materials and authorizations.

(1) A completed pardon application shall include the following:

(A) a copy of the applicant's Tribal enrollment card or enrollment verification certificate;

(B) a copy or copies of any discharge papers from incarceration or jail;

(C) official verification of any successful completion date of the probation, parole or deferred prosecution;

(D) any necessary releases for drug testing (if applicable), investigations and/or background checks;

(E) any authorizations from a probation officer to release information;

(F) if the crime, termination, eviction, denial of license, certification or permit issued by the Tribe or ineligibility of other Tribal benefit was because of the use or other drug offense, the applicant must test negative for illegal drugs and prescribed medication for which he/she does not have a valid prescription for.

(G) a personal written statement, including the reason(s) for requesting a pardon and a description and documentation of the applicant's efforts towards self-improvement;

(H) information regarding the conviction(s) for which the applicant is seeking a pardon, including:

(i) date(s) upon which the crime(s) occurred;

(ii) location(s) where the crime(s) occurred;

(iii) date(s) of conviction(s); and

(iv) jurisdiction(s) which imposed the sentence(s).

(I) verification of attendance or successful completion of any counseling, therapy, or rehabilitative programs such as AODA treatment, anger management or coping skills classes;

(J) letters of reference or support from people well-regarded in the community. Such letters shall detail the applicant's accomplishments or contributions to the community or attest to the applicant's rehabilitation and trustworthiness. These may include, but are not limited to:

(i) clergy or other spiritual leaders;

(ii) employers and/or community members;

(iii) teachers;

(iv) organizers of support groups the applicant attends or has attended.

(K) any other information relevant to the applicant's conviction(s) or rehabilitation efforts;

(L) proof of payment of all penalties and fines.

(2) A completed forgiveness application shall include the following:

(A) a copy of the applicant's Tribal enrollment card, if applicable;

(B) the applicant's employment record prior to the act, if applicable;

(C) the applicant's background records;

(D) the results of a drug test (if applicable);

(E) the act that triggered the applicant's ineligibility;

(F) the impact of the act on the Tribe;

(G) the length of time since the act;

(H) a written statement from the applicant demonstrating remorse for the violation.

(I) two (2) letters of recommendation, with no more than one (1) recommendation coming from a person who is a family member of the applicant.

(J) any additional credible and relevant information;

(K) proof of payment of all penalties and fines.

(e) Incomplete Application Consequences. Failure of the applicant to provide a complete application, or any of the required information and/or materials may result in:

(1) the application being returned with a request for more information; or

(2) the application being removed from consideration; or

(3) denial of a pardon or forgiveness.

(f) Applicant Misrepresentations. Any applicant who misrepresents, omits, or falsifies any information on the application or during the pardon process shall be denied a pardon. If a pardon is granted and it is later determined that there is misrepresented or false information, or pertinent information was purposefully omitted, the Tribal Governing Board shall have the right to rescind the pardon or forgiveness.