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.

In the United States, only the president has the authority to issue a pardon.  Article II, Section 2 gives the president exclusive pardon authority. The only limitation is that the president cannot pardon individuals who have been impeached.

If you or someone you know is interested in learning more about the presidential pardon process, feel free to call us at (615) 346-2213 or complete the information request form below.

Each presidency establishes its own set of standards and considerations when determining who receives a presidential pardon. The power to pardon is exclusive to the president. In Article II, Section 2 of the Constitution, the pardon power is limited only in that impeachment is not a pardon-eligible offense. There is no congressional input into the pardon process and no judicial review.

The Department of Justice has historically been designated as the cabinet level department responsible for receiving and reviewing pardon applications. Applications are completed and submitted to the Office of the Pardon Attorney, whose staff then reviews each application. There is no predetermined time limit in which the Department of Justice must review a pardon application. There is also no requirement that the president ever actually act on a pardon application. Many applications for a presidential pardon lie dormant for years, never officially being denied.

In addition, unlike many state pardon processes, there is no hearing stage for a presidential pardon. The application process is entirely a paper one, which means you have but one chance to make the case you are worthy of being forgiven.

The application itself is extensive and submitted under oath. You must take particular care to ensure every detail of your pardon application, to include your own personal recounting of the crime, be done fully and without omission. An inaccurately completed pardon application could result in the filing of criminal perjury charges against you.

You also will need to provide complete biographical information, including details regarding your children and spouse, in addition to your own personal information. You must also list every residence where you have lived since the date of your conviction.

Employment background is vital as well. Starting with the date of your conviction, you must list your employer, reason for leaving that employer, any negative employment history, and any means of support you may have received during any periods of unemployment. As well, your complete criminal history, to include arrests, questioning by law enforcement, and even traffic tickets, must be submitted with your pardon application.

Debts, credit issues and civil litigation are also of interest to the Office of the Pardon Attorney. If you ever served in the military, additional information will be required of you. This is the case even if you were not in the military when the crime for which you are seeking a pardon was committed. Any previous efforts at restoring your civil rights or petitioning a state governor for a pardon must also be noted, and details provided.

Perhaps most important of all, you must state your reason for seeking a pardon. You must state with great specificity the purpose for which you are seeking a presidential pardon and attach any documentary evidence that will assist you in the process (for example, copies of applicable provisions of state statutes and constitutions, regulations, letters from appropriate officials of administrative agencies, licensing and professional authorities, and so on). The federal pardon process is excruciating in its detail and in most cases is more time-consuming than similar state processes.

A presidential pardon is an act of forgiveness. It will not expunge your record, but it makes an allowance for it. You still have to report you have been convicted when asked on a job application or other official questionnaire; however, the negative effects associated with your prior conviction are significantly lessened by the existence of a pardon. Since the pardon application process partially refers to prior acts requesting clemency, it is vital you make a valid effort the first time. Though you can complete the application yourself, it is advisable that you have counsel familiar with the rules and requirements of the pardon process assist you in completing and submitting your application.

If you or someone you know would like to explore the prospects of obtaining a presidential pardon, feel free to contact us directly at (615) 346-2213, or by filling out the quick and easy information request form below.

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.

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 Offenses against the United States, except in Cases of Impeachment.

The pardon power is absolute except in cases of an impeachment. It is also noteworthy that there is no congressional check on the president’s pardon power.

From the very beginning, the pardon power was controversial. Many Founding Fathers found it a troublesome topic, primarily due to a history of its abuse by European regents. However, proponents of the power prevailed, with the only check being that of impeachment, which was necessary to maintain the balanced separation of powers as envisioned by the Founders.

Beginning with George Washington and the pardoning of those indicted and convicted of treason in the wake of the 1791 Whiskey Rebellion, the decisions on whom to pardon and when has resulted in ongoing debate, most recently culminating in the failure of President George W. Bush to pardon vice presidential chief of staff Scooter Libby.  Washington did establish that the penultimate crime against the country (treason) was a pardonable one, but whether or not the offenders deserved it was another matter entirely – this though Virginia Governor Henry Lee had already issued a general pardon covering even those who had not yet been charged with a crime.

Andrew Johnson’s pardoning of the “common Southerner” after assuming the presidency in 1865 raised eyebrows, in addition to his refusal to extend blanket amnesty to the upper classes of Southern society, making the aristocrats he blamed for starting the Civil War apply individually for his forgiveness. President Jimmy Carter fulfilled a campaign promise by issuing a blanket pardon of Vietnam era draft dodgers (though, strategically, not pardoning war protesters, deserters, and those who received less-than-honorable discharges).

The primary reason for the controversy underlying many pardons is a simple one: second chances for serious offenses are always debatable. Every individual receiving a pardon has been subject to the system, and has been deemed worthy of some sort of stigma or punishment. It is a testament to the soundness of the pardon power, however, that pardon controversies are relatively rare in relation to the number of pardons actually granted (table showing pardon statistics, by administration, since 1945).

In recent years, the pardons of Richard Nixon by Gerald Ford, Patty Hearst by Bill Clinton (though her sentence was commuted by Jimmy Carter in 1976), Caspar Weinberger by George H.W. Bush and fugitive Marc Rich by Bill Clinton have become infamous examples of the use of the pardon power.

We Can Help You Apply for a Federal Pardon

If you would like more information on presidential pardons, or know someone who might be interested in obtaining one, please contact us through the form below.

In Tennessee, the pardon process is lengthy and difficult. The pardon is a concept in merit – you must truly show to the governor that you are worthy of a pardon and that have you have a really good reason for requesting one. Good reasons, for example, can include wanting to go to school to further one’s education or needing to get a professional certification. The pardon is the legal equivalent of things being forgiven, but not forgotten. A pardon in Tennessee does not erase the conviction from your record, but it shows that you have been forgiven by the state for whatever occurred. A pardon can go a long way toward alleviating the concerns an individual, educational institute or employer may legitimately have about the conviction on your criminal record.

It is important to carefully craft your application for a pardon: two-thirds of pardon applications are rejected outright by the Board of Probation and Parole, who is responsible for offering pardon recommendations to the governor. If the Board feels your application has sufficient merit, a hearing will be scheduled for you where you can make the case that you are worthy of pardon consideration.

The instructions for the Tennessee pardon application lists a few bare minimum requirements: you must have five (5) personal recommendations, you must have fully completed your sentence, and you must have stayed out of trouble since completing your sentence. These are, in fact, the bare minimums. Your chances are helped by the quality and quantity of your recommendations as well as your resume, so to speak, of self-betterment and community involvement. The more you can show the Board that you “deserve” the pardon, the more likely you will be successful.

Like many things of the law, it is best to have a criminal attorney who is familiar with the pardon / clemency process assist you. Needless to say, based on the low success rate alone, obtaining a pardon in Tennessee is not a simple process. You must take careful attention that your best “you” is presented to the Board of Probation and Parole. One must think of the clemency process as a job interview, where you best foot forward is your only hope of getting hired. It is just this way when applying for a pardon; therefore, it is important to make sure you make your best first impression. It is vital that the Board think you worthy of forgiveness the first time they see you, and the only way to ensure that is extensive preparation.

If you would like to inquire about obtaining a pardon, please use the contact form below.

Tennessee is one of the most difficult states in which to erase your criminal record Consequently, an expungement is difficult to obtain. There are only limited instances where you can get your criminal record expunged in Tennessee. The rules regarding Tennessee expungements are the same for both felonies and misdemeanors.

Expunging your criminal record in Tennessee is difficult but certainly not impossible. There are a variety of situations where erasing your criminal record and expunging damaging information can legally occur. Dismissed charges can always be expunged in Tennessee. A criminal expungement attorney can do a records search for you to find the dismissed charges against you, the relevant indictment or warrant numbers, and the name under which you were charged (to avoid problems by perhaps missing aliases in the criminal database). Once this due diligence is completed, an expungement lawyer can then complete the necessary request and court order and submit it to the clerk in the county in Tennessee where you were charged. The request is then sent to the district attorney’s office to determine whether there is any state opposition to the expungement.

You can also expunge your record if you entered into a pre-trial or post-trial diversion plea agreement. However, you can only apply to get your record expunged once you fully complete the requirements of your diversion. Unlike expungement for a dismissal, where at most you might owe some court costs, there is a court fee to get your charge expunged after completing diversion. Criminal charges and convictions can negatively affect you in the future if they are not fully expunged, even if they are part of a diversion agreement, or a plea under advisement. It is vital that you retain an expungement attorney who does a complete criminal record search to make sure all charges that can be erased from your record are expunged. A well-trained expungement lawyer will do a thorough criminal record search with your date of birth and complete name, leaving no stone unturned to ensure that every possible criminal record that can be expunged is completely erased. It does you little good to miss an expungeable charge and end up with a partial expungement that will still show up on background checks.

It is important that you start the process as soon as possible. Obtaining an expungement can sometimes take months to complete depending on the county where you were charged. This makes it vital to retain an attorney fluent in the criminal system to ensure that your expungement is handled correctly the first time. It is important to make sure your record is fully expunged before you seek a new job or apply to college or a technical school. Whether it is a shoplifting or a felony expungement you are seeking, the process is the same. A knowledgeable criminal lawyer familiar with the Tennessee expungement process is definitely your best bet.

Though difficult, getting an expungement in Tennessee is not impossible. Once you obtain an expungement, Tennessee state law requires there be no physical evidence you were ever charged or convicted. Expert counsel and a committed effort are necessary make sure your record is clean. Getting an expungement in Tennessee can be a trying process. Good counsel is your best bet.

If you would like to inquire about expunging your record, please use the contact form below.