Federal Pardon Guide

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If you've been convicted of a Federal Crime within the United States the President is the individual that can grant you a pardon. Applications for pardon are sent to the President for review by the Office of the Pardon Attorney. The Office of the Pardon Attorney is an official department within the United States Department of Justice. The only pardon a President cannot grant is an impeachment.

A Presidential pardon does not exonerate or vindicate you. It's a sign of forgiveness for your acceptance of responsibility of the crime you committed.

If you're going to apply for a Federal pardon there is a process you'll need to follow.

1. - First submit your petition for pardon to the Office of the Pardon Attorney

Please not that Military offenses and convictions do not go to the Office of the Pardon Attorney. These are sent directly to the Secretary of the Military department that had original jurisdiction in your case.

All other Federal conviction pardon petitions should be sent to:

Office of the Pardon Attorney, Department of Justice, 500 First Street N.W., Suite 400, Washington, D.C. 20530

Please make sure your pardon petition is legible, completed full and also attach any supporting documentation you may have.

2. - The President can only pardon Federal convictions.

The President may not pardon state convictions. However he may pardon any conviction received within United States District Courts, Superior Court of the District of Columbia and military court-martial proceedings.

3. - There is a 5 year waiting period suggested by the Department of Justice for a pardon of Federal convictions

This is a point of contention surrounding Presidential pardons because the Justice Department has rules governing clemency (28 C.F.R. §§ 1.1 et seq.) that say you must wait 5 years however a President can grant a pardon at any time. A famous example of this is when Ford pardoned Nixon. If a conviction resulted in a prison sentence or a fine the waiting period begins on the day of sentencing.

4. - You must include a good reason for seeking a pardon

Question 20 of the USDOJ pardon application form asks why you are seeking the pardon. You must provide a specific purpose for why you are seeking the pardon along with any supporting evidence that shows how the pardon will help you achieve your goal.

5. - What if you have multiple Federal Convictions?

Obviously this complicates the situation greatly. But you need to include them all. On the USDOJ application for pardon place your most recent Federal conviction on the answer space to question number 2. For all other Federal convictions the answers to questions 2 through 6 should be provided as an attachment. Any charges that did not result in you being convicted should be answered on question number 7.

6. - How do you get a Military offense pardoned?

Instead of submitting your petition to the USDOJ you should submit it to the Secretary of the Military department that had original jurisdiction in your case. A pardon of a Military offense will not change the status of your Military discharge. That may only be accomplished by Military authorities. If you're applying to change the status of your Military discharge contact:

Army Discharge Review Board Crystal Mall 4 1941 Jefferson Davis Highway Arlington, Virginia 22202-4508

Naval Discharge Review Board Ballston Tower 2 801 North Randolph Street Arlington, Virginia 22203-1989

Air Force Discharge Review Board 1535 Command Drive Andrews Air Force Base, Maryland 20331-7002

7. - You must make additional arrests known

When answering question number 7 of the USDOJ pardon request form make sure you list everything. Do not leave anything out. Include any additional arrest or charge by any civilian, military, federal, state, local, or foreign authority, whether it occurred before or after the offense that you are seeking a pardon for. Make sure you also include any traffic violations that resulted in an arrest (such as DUI). Failure to do this may be considered a falsification of petition and you're request can be denied.

8. - Your credit status and civil records are also considered

In response to question 14 on the USDOJ petition for pardon you must list civil lawsuits (whether you're a plaintiff or defendant), outstanding credit obligations, bankruptcy filings and unpaid tax obligations. You must also submit an explanation for each listing you have.

9. - You're going to need character references

You must file at least 3 character affidavits along with your petition. If you submit more than 3 you need to point out the 3 that you want to be your main character witnesses. The USDOJ prefers that you submit your character affidavits with the form provided however you may also submit a letter of recommendation. It must contain their full name, address, telephone number. And it must also show that they are aware of the offense for which you are seeking a pardon. Then it must be signed and documented by a Notary.

10. - If you're pardoned what effect will it have on you?

You won't automatically regain your right to vote or hold office because those disabilities are imposed by state rather than Federal law. Therefore they must be restated by state action. A Federal pardon will go a long way towards helping this. A pardon is not an expungement. It will not erase your criminal record and you are still required to list your conviction on any form that requires it but you will now also have the right to list your Presidential pardon right beside it.

11. - Your pardon request will be investigated thoroughly

Pardon officials will check in to your background very thoroughly to determine if you are worthy of a pardon. They're very good at what they do and if they catch any lie or anything left out it will greatly affect your chances for a pardon. Things they consider when reviewing your request are:

Seriousness of the crime
How recently it happened
Your overall criminal record
Any hardship you may be suffering because of the conviction
Your involvement in charities, community service or meritorious activities

12. - The power of a pardon is the President's alone

There are no USDOJ or White House hearings to determine your worthiness for a pardon. The power lies with the President and only the President. You should also note that there is no appeals process if your request is denied.

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