Every new president sets out his own standards regarding the exercise of the pardon power. Per the provisions of Article II, Section 2 of the United States Constitution, the executive branch maintains plenary authority over the power to pardon. The legislature and judiciary have no power to interfere.
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. The Constitution does not require a president to actually act on applications for pardons. 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.
The pardon application also requires you to disclose all your family details as well, to include not only your personal information but also information regarding your children and spouse. 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 negative effects associated with your prior conviction are significantly lessened by the existence of a pardon. The first effort at a pardon should be your best one, as the application makes reference to all prior requests for clemency, both from the federal government and the states. 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 defense lawyer, with a specific focus on pardon applications. This article is adapted from the original article
How to Apply for a Presidential Pardon , 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.
