Guam § 82 - Discretionary Lifting of Disqualifications by Parole Board.

§ 82. 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 3

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.