Frequently Asked Questions

Responsibility for exercising the pardon power vested in the President by Article II, section 2, of the Constitution was shared by the Secretary of State and the Attorney General from 1789-1853. The Attorney General had administrative responsibility for pardon application review, 1853-70, although the Department of State continued to issue pardon warrants until a Presidential order of June 6, 1893, transferred this function to the Department of Justice. Pardon responsibilities were delegated to the Office of the Clerk of Pardons, established in the Office of the Attorney General by an act of March 3, 1865 (13 Stat. 516). The Office of the Clerk of Pardons became a component of the newly created Department of Justice, pursuant to its enabling act, June 22, 1870 (16 Stat. 162). It was superseded by the Office of the Attorney in Charge of Pardons, established in the Department of Justice by an act of March 3, 1891 (26 Stat. 946), and re-designated the Office of the Pardon Attorney in 1894. SEE 204.1.

The regulations contained in 28 CFR §§ 1.1 thru 1.11 are advisory only and for the internal guidance of Department of Justice personnel. They create no enforceable rights in persons applying for executive clemency, nor do they restrict the authority granted to the President under Article II, Section 2 of the Constitution.

It would be highly unusual, but there have been a few cases where people who had not been charged with a crime were pardoned, including President Gerald Ford's pardon of President Richard Nixon after Watergate, President Jimmy Carter's pardon of Vietnam draft dodgers and President George H.W. Bush's pardon of Caspar Weinberger. President Donald J. Trump pardoned Joseph Arpaio and others after they were charged and convicted, but prior to sentencing. See Pardons Granted by President Donald Trump (justice.gov)

No. The President’s clemency power is conferred by Article II, Section 2, Clause 1 of the Constitution of the United States, which provides: “The President . . . shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” Thus, the President’s authority to grant clemency is limited to federal offenses and offenses prosecuted by the United States Attorney for the District of Columbia in the name of the United States in the D.C. Superior Court. An offense that violates a state law is not an offense against the United States. A person who wishes to seek a pardon or a commutation of sentence for a state offense should contact the authorities of the state in which the conviction occurred. Such state authorities are typically the Governor or a state board of pardons and/or paroles, if the state government has created such a board.

In the federal system, commutation of sentence and pardon are different forms of executive clemency, which is a broad term that applies to the President’s constitutional power to exercise leniency toward persons who have committed federal crimes. A commutation of sentence reduces a sentence, either totally or partially, that is then being served, but it does not change the fact of conviction, imply innocence, or remove civil disabilities that apply to the convicted person as a result of the criminal conviction. A commutation may include remission (release) of the financial obligations that are imposed as part of a sentence, such as payment of a fine or restitution. A remission applies only to the part of the financial obligation that has not already been paid. A commutation of sentence has no effect on a person’s immigration status and will not prevent removal or deportation from the United States. To be eligible to apply for commutation of sentence, a person must have reported to prison to begin serving his sentence and may not be challenging his conviction in the courts. A pardon is an expression of the President’s forgiveness and ordinarily is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence. It does, however, remove civil disabilities – e.g., restrictions on the right to vote, hold state or local office, or sit on a jury – imposed because of the conviction for which pardon is sought, and should lessen the stigma arising from the conviction. It may also be helpful in obtaining licenses, bonding, or employment. Under some – but not all – circumstances, a pardon will eliminate the legal basis for removal or deportation from the United States. Pursuant to the Rules Governing Petitions for Executive Clemency, which are available on this website, a person is not eligible to apply for a presidential pardon until a minimum of five years has elapsed since his release from any form of confinement imposed upon him as part of a sentence for his most recent criminal conviction, whether or not that is the conviction for which he is seeking the pardon.

Not necessarily. Some, but not all, states have instituted procedures for restoring to their citizens certain basic civil rights, such as the rights to vote, hold office, or sit on a jury, even if the disqualifying felony conviction was incurred in federal court. A person who is considering applying for a presidential pardon solely to restore such rights may wish to contact the appropriate clemency authorities within the state of his residence to ascertain whether such a procedure exists in that state.

Yes. At present, a presidential pardon is the only means by which a person convicted of a federal felony offense may obtain relief from federal firearms disabilities. Under Supreme Court case law interpreting federal firearms laws, a state restoration of civil rights does not remove the federal firearm disability that arises from a federal felony conviction. That relief can only be provided through action under federal law. Although 18 U.S.C. § 925(c) provides that the Attorney General may grant relief from federal firearms disabilities “if it is established to his satisfaction that . . . the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest,” there currently is no means to obtain relief through this mechanism. Since Fiscal Year 1992, Congress has prohibited the Bureau of Alcohol, Tobacco, Firearms and Explosives, the agency responsible for processing such requests, from spending any appropriated funds to investigate or act upon applications for such relief. Accordingly, at this time a presidential pardon is the only means by which a person convicted of a federal felony may obtain this relief.

No. The executive clemency process is intended to be accessible to ALL eligible applicants, whether or not they are represented by counsel, and is begun by filing the appropriate clemency petition. In fact, most clemency applications are submitted by persons who are not represented by counsel. Application forms are available on this website. If you have questions about the application as you are completing it or helping someone else to complete it, you may contact the Pardon Attorney at USPardon.Attorney@usdoj.gov to ask for clarification, but please be aware that we are unable to provide legal advice. If a pardon applicant submits an application that is incomplete or does not sufficiently answer the questions posed, the Pardon Attorney will contact the applicant through whatever communication mode we were contacted through and explain what additional information is required.

No. The executive clemency process is a written process. There is no hearing held by Pardon Attorney on any commutation or pardon application. However, in the processing of a pardon application, a thorough investigation is made of the applicant’s post-conviction life, which may include a background investigation conducted by the Federal Bureau of Investigation. As a general matter, if an applicant wishes to have specific information considered in connection with his clemency request, he should submit that information in writing to the Pardon Attorney. He may do this at any time while the application is pending.

A clemency applicant – or any third party – is free to send any documentation or other written information he believes has a bearing on the applicant’s suitability for clemency so that it may be considered in connection with the application. We recommend that a person desiring to submit a document to the Pardon Attorney send a copy of the record rather than the original document, since the record will be made part of the applicant’s executive clemency file. Because of the nature of its case tracking system, the Pardon Attorney cannot make information recorded on digital media part of an applicant’s file. The office therefore does not accept information presented in such formats.

Yes. Except for situations in which an application must be closed administratively because (1) an applicant withdraws their application from consideration, (2) an applicant repeatedly fails to respond to a request by the Pardon Attorney for required information, (3) an applicant dies before a decision is made on their request, (4) we learn that the applicant is no longer a resident of the United States during the course of our review, (5) an applicant is released from Federal prison during the processing of a commutation petition that seeks only the reduction of his/her prison sentence, or (6) we learn that the applicant has not yet exhausted all legal remedies or has pending litigation, every clemency application submitted to the Pardon Attorney follows the process described above and is decided by the President. Please note that if the Pardon Attorney learns that a motion for compassionate release is pending for an applicant with an open case, the Pardon Attorney may determine that the interests of justice are not served by an administrative closure of the case.

No. Every clemency application submitted to the Pardon Attorney is decided by the President, except in situations in which an application must be closed administratively because (1) an applicant withdraws their application from consideration, (2) an applicant repeatedly fails to respond to a request by the Pardon Attorney for required information, (3) an applicant dies before a decision is made on their request, (4) we learn that the applicant is no longer a resident of the United States during the course of our review, (5) an applicant is released from Federal prison during the processing of a commutation petition that seeks only the reduction of his/her prison sentence, or (6) we learn that the applicant has not yet exhausted all legal remedies or has pending litigation (not including compassionate release motions in which it is determined that the application should remain open in the interests of justice). Accordingly, if the outgoing President does not reach a decision before the end of his elected term, the clemency application will remain open until resolved by a later President. While both the Department of Justice and the President make every effort to resolve clemency applications in a timely manner, there is no guarantee that an application submitted during an administration will be decided by that President. If an applicant has not received a denial notification from the Pardon Attorney, then the applicant may assume that the application remains pending and will extend into the next administration. The status of clemency cases submitted through the Department of Justice since 1989 can always be confirmed on our website at Search Clemency Case Status For Cases Opened Since 1989 | PARDON | Department of Justice.

No. Expungement is a judicial remedy that is rarely granted by the court and cannot be granted within the Department of Justice or by the President. Please also be aware that if you were to be granted a presidential pardon, the pardoned offense would not be removed from your criminal record. Instead, both the federal conviction as well as the pardon would both appear on your record. However, a pardon will facilitate removal of legal disabilities imposed because of the conviction, and should lessen to some extent the stigma arising from the conviction. In addition, a pardon may be helpful in obtaining licenses, bonding, or employment. If you are seeking expungement of a federal offense, please contact the court of conviction. If you are seeking expungement of a state conviction, which the Office of the Pardon Attorney also does not have authority to handle, states have different procedures for “expunging” a conviction or “clearing” the record of a criminal conviction. To pursue relief of a state conviction, you should contact the Governor or state Attorney General in the state in which you were convicted for assistance.

As a general matter, Presidents in recent times have rarely announced their reasons for granting or denying clemency, although the President may choose to do so in a given case. Consistent with long-standing policy, if the President does not issue a public statement concerning his action in a clemency matter, no explanation is provided by the Department of Justice. Moreover, deliberative communications pertaining to agency and presidential decision-making are confidential and not available under existing case law interpreting the Freedom of Information Act and Privacy Act.

Yes. A person whose request for a commutation of sentence is turned down may reapply anytime after one year from the date of the President’s denial of the request. A person whose request for a pardon is denied may reapply anytime after two years from the date of the President’s denial of the request. To reapply for a pardon or commutation, a person must complete and submit a new application form that contains current information in response to all questions. Resubmitting the prior application form that was previously denied is not an acceptable form of reapplication.

Presidential grants are a matter of public record, so immediately after Presidential action, the name of each person granted a pardon or commutation, along with the district they were convicted, year of sentencing, offense, and the date the President granted their request is publicly listed on the Office of the Pardon Attorney website. This information may also be posted on The White House website and included in press releases issued by the Department or The White House. Moreover, in accordance with the ruling by the federal court of the District of Columbia in Lardner v. Department of Justice, 638 F.Supp.2d 14 (D.D.C. 2009), affirmed, Lardner v. United States Department of Justice, No. 09-5337, 2010 WL 4366062 (D.C. Cir. Oct. 28, 2010) (unpublished), the Office of the Pardon Attorney is obliged to release existing lists of the names of persons who have been denied executive clemency by the President to anyone who requests such records pursuant to the Freedom of Information Act. Given the frequency of such requests, the Office of the Pardon Attorney has started to proactively disclose the names of persons who have been denied executive clemency by the President on our website, in accordance with our Freedom of Information Act obligations.

The Federal Youth Corrections Act (YCA) was enacted in 1950 in order to provide sentencing alternatives for young offenders. The YCA was repealed in 1984. If an individual sentenced under the YCA was released from imprisonment or discharged from probation prior to the expiration of the maximum period sentenced, the conviction was automatically set aside upon the sentencing court’s issuance of a certificate of set-aside. Unfortunately, the certificate required to set aside the conviction was often not issued accordingly; thus leaving the conviction intact. If you were convicted under the YCA and are in possession of the certificate of set-aside issued by the court, there is, in fact, no conviction to pardon. Our office would, therefore, be unable to process your application, and you may wish to contact the closest division office of the FBI and ask that your criminal history record be properly amended to reflect the lack of conviction. If you believe you were convicted under the YCA, but are not in possession of the certificate of set-aside, then your conviction may still stand and you may submit a pardon application. If we are able to obtain evidence that a certificate of set-aside was, in fact, issued in your case, you will be notified of that fact and your case file will be closed administratively. If we are unable to conclude that a certificate of set-aside was issued in your case, we will process your pardon application fully.

All media inquiries and interview requests should be routed to the Department’s Office of Public Affairs. The Office of Public Affairs is responsible for ensuring that the public and the media are informed about the Department's activities and the priorities and policies of the Attorney General and the President regarding law enforcement and legal affairs, including the Departments role in the executive clemency process. Please visit their website at https://www.justice.gov/opa/contact-office or call them at (202) 514-2007.