Getting a Felony Conviction Pardon From the President



Posted: Saturday, October 03, 2009

by
Moore Trademarks

Every presidential administration sets its own procedures, standards and evaluation methods for deciding on who is deserving of a presidential pardon. The pardon power, which is exclusive to the executive, is found in Article II, Section 2 of the Constitution. Neither the legislature nor the judiciary is involved in the granting of pardons.

The Department of Justice has historically been designated as the cabinet level department responsible for receiving and reviewing pardon applications. The staff of the Office of the Pardon Attorney reviews each submitted pardon 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. In many cases, applications for presidential pardons are never even acted upon.

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. It is important to be very specific regarding the reason you are seeking a pardon from the president, and include any documentary support that will assist in making your rationale clearer (such things to include with your application are applicable state laws and regulations, information from licensing authorities, and so forth). 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. Whether you are successful in obtaining a pardon or not, you still must disclose when asked that you have a past conviction. However, you can also note that you have been pardoned; however, the granting of a pardon greatly mitigates the effects of your past conviction(s). Since the pardon application process partially refers to prior acts requesting clemency, it is vital you make a valid effort the first time. Counsel is not required when completing the pardon application; however, it is a process that will be evaluated by lawyers, and since it is vitally important to do it right the first time, an attorney well-versed in the pardon process should be consulted.

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Nathan Moore is a Nashville, Tennessee criminal defense attorney, with a specific focus on pardon applications. He is licensed to practice in the state courts of Tennessee and the federal courts for Nashville, Tennessee. This article is adapted from the original article How to Apply for Presidential Pardons , which can be found on Mr. Moore's firm website. You can learn more about the pardon process on his website or by calling (615) 346-2213.
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