Apply for a Presidential Pardon: A How-To Guide

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. Unless you meet these requirements, your application for a presidential pardon is destined to fail. 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.

You additionally must provide copies of your credit report, disclose any civil law suits you have been a party to, and include a copy of your criminal arrest record. Additional criminal charges could be levied against you if you misstate or omit relevant requested information. 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. Employers, church ministers, mentors and elected officials make excellent references for your application.

The rationale for your seeking of a pardon is perhaps the most vital part of your pardon application. This part of the application must be where you focus most of your energy and concentration. Many petitioners are best served by having counsel experienced in the pardon consideration process assist, as it you truly only get one real bite at the pardon apple.

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. When applying for a presidential pardon, you want to put make the very best impression on the reviewing pardon attorney.


------

Nathan Moore is the managing partner of the Tennessee criminal defense law firm Law Offices of Nathan Moore. His practice includes criminal trial defense, criminal appeals, felony and misdemeanor expungements and applications for presidential pardons and governors pardons. If you are interested and would like to learn how to apply for a presidential pardon, you can learn more about the process through the above link or by calling (615) 346-2213.