Discretionary Lifting of Disqualifications by Parole Board

(a)The board of parole may remove any disability or disqualification imposed by law on a person found guilty of crime, if such person has completed the maximum term of his sentence or completed a period of suspension or probation as provided by § 80.64, or has been discharged from parole pursuant to § 80.83, on petition of such person under the terms of this Section.

(b)A person seeking removal of disabilities or disqualifications under this Section shall petition the board therefor. The board shall thereupon cause a copy of such petition to be sent to the Attorney General, Guam Police Department, and the sentencing judge. Within six weeks of the receipt of the copy of such petition, the appropriate officials may make written recommendations or comments regarding the petition to the board, but failure to make such response shall not stop the procedure in the case. The board shall also cause to be brought before it, all available presentence and probation reports and records of all department of corrections and of the board of parole regarding the petitioner. The board in its discretion may hold a hearing on such petition at which it may interview the petitioner and consider such matters as it deems appropriate. COL03252013 CH. 82 LOSS AND RESTORATION OF RIGHTS INCIDENT TO CONVICTION OR IMPRISONMENT

(c)Within six months, the board shall determine whether to exercise its discretion to remove any disqualification or disability on the petitioner, and if it does so act, shall issue a certificate of such removal to the petitioner.

(d)The removal of disqualifications or disabilities shall not constitute a pardon nor preclude any person from taking into consideration the fact that the petitioner has been found guilty of a crime where such fact may have previously lawfully be considered.