The Best Way to Apply For: Presidential Pardon Guide
Posted: Saturday, August 08, 2009
by Nathan Moore
Moore Trademarks
Since the beginning of the Republic, every president considers and grants pardon. We always hear about the few that are considered "newsworthy", but most are issued to otherwise ordinary citizens who have taken steps to remedy a troublesome criminal past.
To apply for a presidential pardon, one must meet certain threshold requirements as outlined by the Department of Justice. An application for presidential pardon is destined to fail if these prerequisites are not met. You must wait until five years passed since the termination of your incarceration period before petition the president for a pardon (supervised release does not count against this five years). 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. The waiting period can start on the day of sentencing if you only served probation.
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. The answer you receive will either approve or deny your pardon 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.
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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.
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