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    Obtaining A Criminal Pardon: Clear Your Name Legally
    Obtaining A Criminal Pardon: Clear Your Name Legally
    Obtaining A Criminal Pardon: Clear Your Name Legally
    Ebook161 pages1 hour

    Obtaining A Criminal Pardon: Clear Your Name Legally

    By Christopher Guly

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    About this ebook

    Hundreds of thousands of people have criminal records that need not impede their ability to work, travel and thrive. But the process of gaining a full pardon of your record can be a challenging and intimidating one. Legal journalist Christopher Guly provides a step-by-step guide to clear your name legally and restore your reputation.
    LanguageEnglish
    PublisherSelf-Counsel Press
    Release dateJun 1, 2015
    ISBN9781770409880
    Obtaining A Criminal Pardon: Clear Your Name Legally
    Author

    Christopher Guly

    Christopher Guly is a freelance writer in Ottawa, Ontario. He's a member of the Canadian Parliamentary Press Gallery for the Law Times and a regular contributor to such publications as Reader's Digest, National Post, The Hill Times and The Lawyers Weekly, among others.

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      Book preview

      Obtaining A Criminal Pardon - Christopher Guly

      Part 1

      Getting a Pardon in the United States

      Chapter 1

      Federal Criminal Convictions

      Under Article II, section 2, of the US Constitution, the President has the Power to grant Reprieves and Pardons for offenses against the United States, except in Cases of Impeachment. In other words, the President has the executive power to grant clemency to those who have been convicted of federal criminal offenses adjudicated in the US district courts and in the Superior Court of the District of Columbia.

      Executive clemency may take several forms, and applies to the President’s constitutional power to exercise leniency toward people who have committed federal crimes, according to the US Department of Justice. These include the following:

      • Commutation of sentence.

      • Remission of fine or restitution.

      • Reprieve.

      • Pardon.

      A commutation reduces a sentence, either totally or partially, that is being served, but it doesn’t change the fact of conviction, imply innocence, or remove civil disabilities that apply to the convicted person as a result of the criminal conviction. To be eligible to apply for commutation of sentence, a person must have reported to prison to begin serving his or her sentence and may not be challenging his or her conviction in the courts.

      A commutation may include remission (release) of the financial obligations that are imposed as part of a sentence, such as payment of a fine or restitution. A remission applies only to the part of the financial obligation that has not already been paid.

      A person whose petition for commutation of a sentence is denied by the President may reapply one year after the date of the denial. However, a person whose petition for a presidential pardon is denied must wait two years from the date of denial before reapplying. In both cases, you must reapply with a new application form that contains current information in response to all questions.

      A pardon is an expression of the President’s forgiveness and is usually 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 completion of sentence, according to the US Department of Justice. It is also not a sign of vindication signifying innocence, and 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.

      However, a pardon removes civil disabilities, such as restrictions on the right to vote, hold state or local office, or sit on a jury — imposed because of the conviction for which a pardon is sought, and should lessen the stigma arising from the conviction. It may also be helpful in obtaining licenses, bonding, or employment.

      It’s important to note that a presidential pardon isn’t the only way a person convicted of a federal felony can regain his or her civil rights. Some states have procedures for restoring rights to vote, hold office, or sit on a jury even if a federal felony conviction is involved. If you’re thinking about applying for a presidential pardon to restore such rights, you may first wish to contact the clemency authorities in your state of residence to see whether such a procedure exists.

      The President decides on most clemency requests unless the following applies:[1]

      • Applicant withdraws the petition.

      • Applicant repeatedly fails to respond to an Office of the Pardon Attorney request for required information.

      • Applicant dies during processing of the application.

      • Applicant is released from prison during the processing of a commutation application that seeks only a reduction in the sentence.

      Note that a presidential pardon doesn’t erase or expunge the record of someone convicted of a crime. However, when a pardon is granted, the Office of the Pardon Attorney notifies the US Probation and Pretrial Services System and other officials in the district of the conviction of the clemency along with the Federal Bureau of Investigation (FBI) to note the pardon in the person’s criminal record.

      A pardon also doesn’t remove the obligation of disclosing a conviction when required to report that information, as the US Department of Justice points out. However, if you obtained a pardon, you may include that information and present the warrant of pardon as evidence.

      A person is not eligible to apply for a presidential pardon until a minimum of five years has elapsed since his or her release from any form of confinement imposed on him or her as part of a sentence for the most recent criminal conviction, whether or not that is the conviction for which the individual is seeking the pardon. The Office of the Pardon Attorney usually doesn’t accept pardon petitions from people who are on probation, parole, or supervised release.

      1. Regain Right to Bear Arms

      A presidential pardon is the only way someone convicted of a federal felony offense may regain the right to bear arms. Under US Supreme Court case law interpreting federal firearms laws, a state restoration of civil rights does not remove the federal firearm disability that arises from a federal felony conviction and relief can only be provided through action under federal law. As the US Department of Justice points out, the Attorney General may, under the Gun Control Act, grant relief from federal firearms prohibitions if it is established to his satisfaction that … the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.

      However, since 1992, the US Congress has prohibited the Bureau of Alcohol, Tobacco, Firearms and Explosives, the agency responsible for processing such requests, from spending any appropriated funds to investigate or act on applications for such relief.

      2. Removal or Deportation

      Under some — but not all — circumstances, a presidential pardon will eliminate the legal basis for removal or deportation from the US Pursuant to the Rules Governing Petitions for Executive Clemency.

      A commutation of sentence has no effect on a person’s immigration status and will not prevent removal or deportation from the US.

      2.1 Nonresidents

      The US Department of Justice’s general policy is also not to accept pardon applications from non-US residents given the difficulty in conducting the type of thorough and exacting investigation into the applicant’s personal background and activities[2] required to determine an applicant’s worthiness for a pardon.

      3. Posthumous Pardons

      The US Department of Justice does not accept posthumous pardons petitions on the basis that many such requests "would likely be based on a claim of manifest injustice,

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