Under
the Constitution, the President has the authority to grant pardon for federal
offenses, including those obtained in the United States District Courts, the
Superior Court of the District of Columbia, and military courts-martial.
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
for the state where the conviction occurred (e.g., the state board of pardons and
paroles) to determine whether any relief is available to you under state law.
Five
Year Waiting Period
Under
the Department'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.
A
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 letter explaining why you believe
the waiting period should be waived in your case.
