5 Things Everyone Should Know About Presidential Pardons
Pardons are a hot button issue these days and are always a topic at the end of every Presidential term when a sitting President is leaving office and thereafter ending his political career. Presidents, however, grant pardons throughout their terms and most never receive any press coverage
Prior to internet and the 24 hour news cycle, the average American only heard about a controversial pardon in local or national newspaper or the nightly news; it was gone the next day and forgotten the following week. Now, however, the list is made public and distributed through social media and various news outlets, all of which are available in the palm of our hands where it can live forever.
While most view pardons as political dynamite, every President has used them during their terms
Here are 5 things you should know about them
- Only the President can grant federal pardons. Under the Constitution, this power is considered “plenary” and therefore it can not be restricted by other branches of Government (Congress or Judiciary).
2. Pardons extend to ONLY Federal Crimes (i.e. all criminal offenses against the United States), except impeachment, but they do not extend to State crimes. Pardons take various forms including commuting or postponing a sentence, remitting a fine or restitution, delaying the imposition of a punishment, and providing amnesty. The pardon power extends to cases involving courts-martial against members of the United States Armed Forces.
3. A person who receives a pardon does not have to accept it but acceptance is not considered an admission of guilt. If a person refuses a pardon, it simply does not take effect.
4. While the President can grant pardons at any time, a person who seeks a pardon from the President must typically wait 5 years. Under the Department of Justice’s rules governing petitions for executive clemency, there is a minimum waiting period of five years after completion of sentence before anyone convicted of a federal offense becomes eligible to apply for a presidential pardon. The waiting period begins on the date of the petitioner’s release from confinement. Alternatively, if the conviction resulted in probation or a fine, but no term of imprisonment, the waiting period begins on the date of sentencing.
5. Since 1900, there have been over 22,000 Pardons given in various forms by US President
To determine whether you are eligible to apply for a presidential pardon, contact the pardon attorney at the following address:
The Office of Pardon Attorney
U.S. Department of Justice
1425 New York Avenue,
N.W. Suite 11000
Washington, D.C. 20530
Include in your letter the date and place of your conviction, the nature of the offense, the sentence you received, when released from prison and/or when released from probation or parole supervision.
