Even early into first terms, new presidential administrations begin the process of evaluating and issuing pardons. Most pardons are reviewed and decisions issued quietly. For every news-making pardon issued by a sitting president, dozens if not hundreds go unnoticed. The upside to this is that normal, everyday people achieve forgiveness, and their lives become better because of it.
The Department of Justice has established certain minimum standards for those wishing to apply for a presidential pardon. A specifically designated attorney in the Department of Justice heads the Office of the Pardon Attorney and evaluates each and every pardon application. Your application for a presidential pardon must be well-drafted, fully meet all the requirements, and present your best case for deserving clemency. Before you start anything, you must wait until at least five years have passed since the termination of your period of incarceration. Supervised release, which often comes after incarceration in the federal system, does not have to be completed prior to the five year waiting period terminating. This is neither a Constitutional nor statutory requirement – it is completely an internal requirement by the Department of Justice. The government believes the waiting period is necessary “to demonstrate an ability to lead a responsible, productive and law-abiding life.” Needless to say, there is also a requirement that your behavior be completely lawful since the completion of your federal sentence. Probationary sentences begin the five year period on the date of sentencing.
Three sworn character references should also be included with your pardon application. You are not limited to three, but the main three references must be designated as primary. Character references cannot be from relatives or spouses. The quality of your references are what keep your application “afloat”. If other upstanding individuals consider you worthy of their endorsement, the Office of the Pardon Attorney will be more likely to look favorably on your application.
In addition to the waiting period and lawful behavior, you must also provide a certified copy of your criminal arrest record. Copies of your credit report and records related to any civil law suit in which you have been involved must also be assembled. This step is more important than it sounds. Any omissions or incorrect entries in your application could be interpreted by the Department of Justice as a falsification. This could result in federal criminal charges being filed against you. It is more important to be honest. Negative entries in your past can be explained, and this is the preferred way to address imperfections in your pardon application.
The final part of the application is your reason for wanting a pardon. Good reasons are related to work, education and professional certifications. Without a valid need for a pardon, you are likely to have your application denied outright without even full consideration. Retaining an attorney experienced in the presidential pardon process is vital to make sure this part, among the others, is done correctly. Without a well-crafted rationale for forgiveness, your application will not receive full consideration by the Department of Justice.
The pardon power is exclusive to the president per the terms of Article II, Section 2 of the Constitution, so the decision on whether or not to grant a pardon is final. The Department of Justice has not felt it necessary to set up an internal appeals process. Further, there is no hearing to determine your pardon worthiness, unlike many states which will grant a hearing to the petitioner before making the final decision. The presidential pardon application is something you really only get one shot at per administration. You want to make sure you get it right the first time.
If you are interested in applying for a presidential pardon, please complete the following submission form and we will contact you.
