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Presidential Pardon Requests
The Presidential Pardon Powers are enshrined in the U.S. Constitution
28 C.F.R. §§ 0.35, 0.36 governs the processing of Presidential Pardon requests
The White House Presidential Pardon Program
The Presidential Pardon Power Is Constitutional
The Presidential Power to grant a pardon is derived from the U.S. Constitution. The Department of Justice - Office of the Pardon Attorney manages Presidential Pardon requests. It states:
Article II, Section 2, Clause 1:
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
What a Presidential Pardon Can or Cannot Do?
In summary, a Presidential Pardon restores certain rights, but it does not expunge a conviction. A presidential pardon may assist in restoring certain civil and political rights. It also means that a pardoned offense will continue to appear in criminal background searches. You can read more about what can a Presidential Pardon can and cannot do at the Department of Justice website here.
Does a Presidential Pardon Expunge State Convictions?
No, the Presidential Pardon Power is limited to federal matters only. The District of Columbia has its own separate process. You can read more about it here.
How Long Do I Have To Wait To Apply For a Presidential Pardon?
Consistent with the Code of Federal Regulations, you have to wait for 5 years. Please see section 1.2 You can read more about the applicable federal regulations here.
No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release.
How Do Presidential Pardons Interact With State Laws?
While Presidential Pardons offer relief on the federal level, it is best to check with your state to see how they affect state laws. The Department of Justice office recommends to check with the respective state pardon authorities.
Where Can I See Previous Presidential Pardons?
The published pardons list offenses, sentences, and District Courts from where they originated. You can see the latest published pardons here.