1.
Submit the petition to the Office of the Pardon Attorney
All petitions, except petitions relating to military offenses (see
paragraph
6 below), should be forwarded to the Office
of the Pardon Attorney,
Department of Justice. The completed pardon petition must be entirely
legible;
therefore, please type or print in ink. The form must be completed
fully
and accurately in order to be considered. You may attach to the petition
additional pages and documents that amplify or clarify your answer
to
any question.
2.
Federal convictions only
Under the Constitution, only federal criminal convictions, such as those
obtained in the United States District Courts, may be pardoned by the
President. In addition, the President's pardon power extends to convictions
obtained in the Superior Court of the District of Columbia and military
court-martial proceedings. However, the President cannot pardon a state
criminal offense. Accordingly, if you are seeking clemency for a state
criminal conviction, you should not complete and submit this petition.
Instead, you should contact the Governor or other appropriate authorities
of the state where you reside or where the conviction occurred (such
as the state board of pardons and paroles) to determine whether any
relief is available to you under state law. If you have a federal conviction,
information about the conviction may be obtained from the clerk of the
federal court where you were convicted.
3.
Five-year waiting period required
Under the Department's rules governing petitions for executive clemency,
28 C.F.R. §§ 1.1 et seq., a minimum waiting period
of five years after completion of sentence is required before anyone
convicted of a federal offense becomes eligible to apply for a presidential
pardon. The waiting period, which is designed to afford the petitioner
a reasonable period of time in which to demonstrate an ability to lead
a responsible, productive and law-abiding life, begins on the date of
the petitioner's release from confinement. Alternatively, if the conviction
resulted in a sentence other than a term of imprisonment, such as probation
or a fine, the waiting period begins on the date of sentencing. In addition,
the petitioner should have satisfied the penalty imposed, including
all probation, parole, or supervised release. Moreover, the waiting
period begins upon release from confinement for your most recent c onviction,
whether or not this is the offense for which pardon is sought. You may
make a written request for a waiver of this requirement. However, waiver
of any portion of the waiting period is rarely granted and then only
in the most exceptional circumstances. In order to request a waiver,
you must complete the pardon application form and submit it with a cover
letter explaining why you believe the waiting period should be waived
in your case.
4.
Reason for seeking pardon
In answering question 20, you should state the specific purpose for
which you are seeking pardon and, if applicable, attach any relevant
documentary evidence that indicates how a pardon will help you accomplish
that purpose (such as citations to applicable provisions of state constitutions,
statutes, or regulations, or copies of letters from appropriate officials
of administrative agencies, professional associations, licensing authorities,
etc.). In addition, you should bear in mind that a presidential pardon
is ordinarily a sign of forgiveness and is granted in recognition of
the applicant's acceptance of responsibility for the crime and established
good conduct for a significant period of time after conviction or release
from confinement. A pardon is not a sign of vindication and does not
connote or establish innocence. For that reason, when considering the
merits of a pardon petition, pardon officials take into account the
petitioner's acceptance of responsibility, remorse, and atonement for
the offense.
5.
Multiple federal convictions
If you have more than one federal conviction, the most recent conviction
should be shown in response to question 2 of the petition and the form
completed as to that conviction. For all other federal convictions,
including convictions by military courts-martial, the information requested
in questions 2 through 6 of the petition should be provided on an attachment.
Any federal charges not resulting in conviction should be reported in
the space provided for prior and subsequent criminal record (question
7).
6.
Pardon of a military offense
If you are requesting pardon of a court-martial conviction only, you should submit your completed petition directly to the Secretary of the military department that had original jurisdiction in your case, completing questions 2 through 6 and question 15 of the petition form to show all pertinent information concerning your court-martial trial and conviction. The addresses for submitting a request for a pardon of a court-martial conviction are as follows:
Secretary of the Army
Department of the Army
Pentagon
Washington, DC 20310
Secretary of the Navy
Department of the Navy
Pentagon
Washington, DC 20350
Secretary of the Air Force
Department of the Air Force
Pentagon
Washington, DC 20330
Pardon of a military offense will not change the character of a military discharge.
An upgrade or other change to a military discharge may only be accomplished
by action of the appropriate military authorities. To apply for a review
of a military discharge, you should write to the relevant military branch,
at the address listed below:
Army Review Boards Agency
1901 South Bell Street
Arlington, Virginia 22202-4508
Secretary of the Navy
Naval Council of Personnel Records
702 Kennon Street, SE
Suite 309
Washington Navy Yard, DC 20374-5023
Air Force Review Boards Agency
SAS/MRBR
550C Street West
Suite 40
Randolph Air Force Base, Texas 78150-4742
7. Additional arrest record
In response to question 7, you must disclose any additional arrest or
charge by any civilian or military law enforcement authority, including
any federal, state, local, or foreign authority, whether it occurred
before or after the offense for which you are seeking pardon. Your answer
should list every violation, including traffic violations that resulted
in an arrest or criminal charge, such as driving under the influence.
Your failure to disclose any such arrest, whether or not it resulted
in conviction, may be construed as a falsification of the petition.
8.
Credit status and civil lawsuits
In response to question 14, you must list all delinquent credit obligations,
whether or not you dispute them. You must also list all civil lawsuits
in which you were named as a party, whether as plaintiff or defendant,
including bankruptcy proceedings. You must also list all unpaid tax
obligations, whether federal, state, or local. You may submit explanatory
material in connection with any of these matters (such as an agreed
method of payment for indebtedness).
9.
Character references
At least three character affidavits must accompany the petition. If
you submit more than three, you should designate the three persons whom
you consider to be primary references. The affidavit forms provided
are preferred. However, letters of recommendation may be substituted
if they contain the full name, address, and telephone number of the
reference, indicate a knowledge of the offense for which you seek pardon,
and bear a notarized signature. Persons related to
you by blood or marriage cannot be used as primary character references.
10.
Effect of a pardon
While a presidential pardon will restore various rights lost as a result
of the pardoned offense and should lessen to some extent the stigma
arising from a conviction, it will not erase or expunge the record of
your conviction. Therefore, even if you are granted a pardon, you must
still disclose your conviction on any form where such information is
required, although you may also disclose the fact that you received
a pardon. In addition, most civil disabilities attendant upon a federal
felony conviction, such as loss of the right to vote and hold state
public office, are imposed by state rather than federal law, and also
may be removed by state action. Because the federal pardon process is
exacting and may be more time-consuming than analogous state procedures,
you may wish to consult with the appropriate authorities in the state
of your residence regarding the procedures for restoring your state
civil rights.
11.
Scope of investigation
Pardon officials conduct a very thorough review in determining a petitioner's
worthiness for relief. Accordingly, you should be prepared for a detailed
inquiry into your personal background and current activities. Among
the factors entering into this determination are the nature, seriousness
and recentness of the offense, your overall criminal record, any specific
hardship you may be suffering because of the conviction, and the nature
and extent of your post-conviction involvement in community service,
or charitable or other meritorious activities. We encourage you to submit
information concerning your community contributions.
12.
Exclusive Presidential authority
The power to grant pardons is vested in the President alone. No hearing
is held on the pardon application by either the Department of Justice
or the White House. You will be notified when a final decision is made
on your petition, and there is no appeal from the President's decision
to deny a clemency request. The Office of the Pardon Attorney does not
disclose information regarding the nature or results of any investigation
that may have been undertaken in a particular case, or the exact point
in the clemency process at which a particular petition is pending at
a given time. As a matter of well-established policy, the specific reasons
for the President's decision to grant or deny a petition are generally
not disclosed by either the White House or the Department of Justice.
In addition, documents reflecting deliberative communications pertaining
to presidential decision-making, such as the Department's recommendation
to the President in a clemency matter, are confidential and not available
under the Freedom of Information Act. If your petition is denied, you
may submit a new petition for consideration two years from the date
of denial.
