Every presidential administration issues pardons. Some are noteworthy and make the news, but the vast majority are otherwise ordinary and productive citizens who have made mistakes in the past but have shown themselves reformed and worthy of forgiveness.
To apply for a presidential pardon, one must meet certain threshold requirements as outlined by the Department of Justice. For one, you must wait at least five years after the completion of your incarceration (supervised release does not count) before applying for a presidential pardon. This is an internal requirement by the Department of Justice. In the words of the Office of the Pardon Attorney, it is there “to demonstrate an ability to lead a responsible, productive and law-abiding life.” Implicitly, there is also a requirement that you have not gotten in legal trouble since the completion of your federal sentence. If your sentence only involved probation, then the waiting period starts on the date of sentencing.
In addition, you must provide a certified copy of your criminal arrest record, as well as copies of your credit reports and any civil law suits to which you have been a party. Any omissions could be construed by the Department of Justice as a falsification of your pardon application and result in additional criminal charges. Explanations for any negative entries in your past are vital and must be properly constructed and included with your pardon application.
You also must include three sworn character references. You can include more, but three should be designated as primary. Relatives and spouses cannot be used as character references. It is of the greatest importance to make sure you have solid references supporting your pardon petition.
Among the most important parts of your pardon application however, is the reason you are seeking a pardon. This part of the application must be where you focus most of your energy and concentration. Since you really only get one chance to make a first impression, many people find it helpful to retain counsel experienced in the presidential pardon process to especially assist in making sure this part is done correctly.
Unlike many state pardon processes, the federal process does not allow for a hearing. You will receive a response that either affirms or denies your request. Since the pardon power is exclusive to the president per the terms of Article II, Section 2 of the Constitution, there is no appeals process if you are denied. Needless to say, if you are to apply for a presidential pardon, you want to put your best foot forward and get it right.
If you would like more information regarding the presidential pardon process, contact us through the form below or give us a call at (615) 346-2213.
