DRL 58

A pardon granted to a person sentenced to imprisonment for life within this state does not restore that person to the rights of a previous marriage or to the guardianship of a child, the issue of such a marriage.

The statement you provided pertains to the legal consequences of a pardon granted to a person sentenced to life imprisonment within a specific state. It essentially outlines that such a pardon does not automatically reinstate certain rights, specifically those related to a previous marriage or guardianship of a child and the issue (children) resulting from that marriage.

Here are some key points to understand about this statement:

Effect of a Pardon: A pardon is a legal act that forgives or sets aside a person’s criminal conviction and sentence. While it may release the individual from imprisonment or other criminal penalties, it doesn’t necessarily erase all legal consequences of the conviction.

Rights of a Previous Marriage: This statement suggests that if a person had rights or obligations related to a previous marriage before their imprisonment, a pardon doesn’t automatically restore those rights. For example, it might pertain to property or financial matters related to the dissolution of the marriage.

Guardianship of a Child: Similarly, if the person had legal guardianship of a child prior to their imprisonment, a pardon does not automatically reinstate that guardianship. The child’s welfare and best interests would still be considered in any legal proceedings regarding guardianship.

Issue of Such a Marriage: The phrase “the issue of such a marriage” refers to the children born as a result of the previous marriage. This statement implies that a pardon does not automatically grant parental rights or custody of these children to the person who was pardoned.

In essence, the statement underscores that a pardon, while a significant legal action, does not comprehensively address all the legal intricacies related to a person’s prior obligations, especially in matters involving family, marriage, and guardianship. The individual would likely need to navigate separate legal processes to address these specific issues, even after receiving a pardon.