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Presidential Pardon Process

People who have served their time for a federal offense often have trouble getting back out in the real world. They have a hard time finding jobs that are willing to hire felons, and often wonder if there is any way to clean their record so that they may be able to find jobs, and to have their rights to vote and own fire arms. There is a way for federal crimes to be taken off an individual’s record and that is through the Presidential Pardon. Below are questions related to the presidential pardon process that has been answered by the Experts.

What is a presidential pardon?

The President of the United States is able to grant an official pardon for an offense against the United States, except in the case of impeachment, under Article II Section of the Constitution of the United States. The interpretation of the language of Article II Section 2 by the Supreme Court of the United States has included the power to award pardons, commutations of sentence, respites, the remissions of fines and or rights that have been forfeited, as well as conditional pardons and commutations of sentence.

What crimes are eligible to apply for a presidential pardon?

The crimes that are eligible to be able to apply for a presidential pardon are federal offenses. Any convictions from state court level are not eligible for presidential pardons.

Is there a difference in having a person’s record expunged and a presidential pardon?

There is a difference between a person having their record expunged and a presidential pardon. If a person has their record expunged the process is a procedure at the state level, and as such it is governed by the laws of the state. The results are the same basically with having a record expunged and a presidential pardon; the person’s record will be erased. The governor of the state is the only person that is able to expunge a person’s state level convictions. Since having a record expunged occurs at the state level, having a federal record expunged is non-existent. Likewise a presidential pardon only works at the federal level and is not any good for state convictions.

What are the requirements for eligibility for a presidential pardon?

For a person to be eligible to apply for a presidential pardon, first their crime must be a federal crime. State court level crimes are not eligible for presidential pardon. Secondly they have to have been out of prison for at a minimum of at least 5 years in order to be eligible to apply for a presidential pardon.

Can a person have their federal felony conviction reduced to a misdemeanor?

In some cases the only way to have a federal conviction reduced to a misdemeanor is for the person to petition the Office of the Pardon Attorney. The Pardon Attorney reviews all applications for presidential pardons, and then they put through certain applicants for the President to approve for a presidential pardon. The presidential pardon is able to have a federal conviction reduced, reduce the fines that have not yet been paid, and commute a sentence. So the only way a person can begin, is to apply to the Office of Pardon Attorney.

Here is the website to find the application to fill out;
http://www.usdoj.gov/pardon/pardon_instructions.htm

When a person that has served time for a federal crime may find that getting a job is hard, and they miss the rights that they have lost when they became convicted felons. Many want to know if there is a way for these rights to be restored and for their records to be cleaned. For these individuals there is only one alternative and that is to apply for a presidential pardon. There is no guarantee that a presidential pardon will be granted and there are requirements that must be made before an individual is able to apply for a presidential pardon. When a person is unsure about how a presidential pardon works they are always able to ask an Expert.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2453
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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3 Criminal Lawyers are Online Now

How JustAnswer Works:

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Criminal Lawyers are online & ready to help you now

Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Over 10 years of criminal defense practice.

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