Criminal Center
What does this mean?
Clemency is mercy from the President. A pardon forgives a federal crime. A commutation shortens a federal prison sentence. Only the President can grant either one, and only for federal crimes (U.S. Constitution, Article II, Section 2). We don’t handle state pardons. For help asking the President for clemency, see clemency.com, a Criminal Center site.
Common questions
Does a presidential pardon restore gun rights?
Under federal law, yes. A pardoned conviction does not count for the federal gun ban unless the pardon itself says the person may not have firearms (18 U.S.C. § 921(a)(20)). The Justice Department's Office of the Pardon Attorney says a federal pardon restores federal firearms rights (justice.gov/pardon).
When can someone apply for a federal pardon?
Under the Justice Department's rules, a person should wait at least five years after release from prison, or after the conviction if there was no prison sentence (28 C.F.R. § 1.2). People still on probation or supervised release generally should not apply yet (28 C.F.R. § 1.2). These rules guide the Justice Department; they do not limit the President's power (28 C.F.R. § 1.11).
Can the President pardon a state conviction?
No. The President's pardon power covers only “Offenses against the United States” (U.S. Const. art. II, § 2, cl. 1). It does not reach state convictions.