Pardon and Restoration of Rights

Pardons

In the federal criminal justice system, only the president of the United States has the power to grant a pardon. The U.S. Constitution codifies the presidential pardoning power in Article II, Section 2. It reads, “The President… shall have power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” To receive a presidential pardon for a federal criminal offense, an individual must actively apply. The U.S. Department of Justice's Office of the Pardon Attorney typically reviews all requests for a presidential pardon. The Office of the Pardon Attorney then makes a nonbinding recommendation to the president, whereupon the president can either grant or deny an individual's request for pardon.

Most states have a pardon system that mirrors that of the federal criminal justice system. In such instances, state governors retain pardoning power expressly or implicitly granted to them by their respective state's constitution. In some instances, states allow appointed regulatory or administrative agencies to grant or deny a request for pardon. In still other states, California for instance, that jurisdiction's supreme court must approve a governor's choice to grant a pardon.

Almost all jurisdictions require that applicants meet certain general prerequisites prior to receiving [Page 282]a pardon. For instance, in almost all states and the federal criminal justice system, a pardon application requires that an applicant describe why and how a pardon is necessary and deserved. These applications differ jurisdictionally. In some jurisdictions, applicants must pay a substantial processing fee and must complete a lengthy application document to satisfy both objective and subjective criteria. For example, in such jurisdictions, applicants must prove that their imposed sentence has officially expired and that they have taken tangible steps toward achieving full rehabilitation. Conversely, in less demanding jurisdictions, applicants must only pay a nominal fee and must only complete a brief form outlining the committed offense and the reasons for requesting a pardon. Jurisdictions also vary with respect to when a convicted criminal can apply for a pardon. For example, in the federal criminal justice system, officials recommend that an individual convicted of a federal crime wait five years from the date of the expiration of the imposed sentence before applying for a pardon. States also adhere to such waiting provisions, but the length of time an applicant must wait varies considerably.

...