No. The President cannot pardon state crimes. Article II of the Constitution limits the pardon power to “Offences against the United States,” which courts have read to mean federal crimes prosecuted in federal court. Anyone convicted under state law must seek relief from that state’s own clemency authority, which in most states is the governor.1Library of Congress. ArtII.S2.C1.3.1 Overview of Pardon Power
Why the Power Stops at the State Line
The constitutional text is the starting point. Article II, Section 2 gives the President the “Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” The phrase “Offences against the United States” is the whole limit. It covers crimes defined by federal law and prosecuted by the federal government, and nothing else. State criminal offenses sit outside that boundary, and so do civil claims of any kind.
The deeper reason is structural. The federal government and each state government are separate sovereigns, each with independent authority to write and enforce criminal law. A presidential pardon is an act of federal executive mercy, and it has no more force over a state conviction than a governor’s pardon has over a federal one. The Supreme Court reaffirmed this framework in Gamble v. United States (2019), holding that a crime under one sovereign’s laws is not “the same offence” as a crime under the laws of another sovereign.2National Conference of State Legislatures. Supreme Court Rules Dual-Sovereignty Stays
That principle has a consequence people often miss. A single act can violate both federal and state law, and both governments can prosecute the same person without triggering the Fifth Amendment’s protection against double jeopardy. If the President pardons someone for the federal conviction, any parallel state prosecution or state conviction for the same underlying conduct is entirely unaffected. The state case runs on its own track, under its own laws, and can only end through the state’s own legal system.
Who Grants Clemency for a State Conviction
Clemency for a state offense rests with that state’s executive branch. In most states, the governor holds the power, mirroring the President’s authority but confined to offenses under state law.3National Governors Association. The Governor’s Clemency Authority: An Overview of State Pardon and Commutation Processes The governor can grant pardons, commutations, and reprieves for state offenses.
Not every state hands the governor sole discretion. Several states require the governor to work with or defer to a separate clemency board, parole board, or advisory panel. In a few, an independent board appointed by the governor holds the clemency power itself, so the governor cannot act alone. Eligibility rules and waiting periods vary widely. Some states require applicants to have completed their full sentence, including parole or probation, and to have stayed conviction-free for a set number of years. That waiting period ranges from none at all to seven years or more, depending on the state. Every decision is discretionary, and state clemency grants tend to be uncommon.
In U.S. territories such as Puerto Rico and Guam, the territorial governor holds clemency authority over offenses under local territorial law, much like a state governor.
What the President Can Pardon
Inside the federal sphere, the President’s pardon authority is broad. The Supreme Court said in Ex parte Garland (1866) that the power “extends to every offence known to the law, and may be exercised at any time after its commission,” including before charges are filed, while a case is pending, or after conviction.1Library of Congress. ArtII.S2.C1.3.1 Overview of Pardon Power Federal crimes reachable by pardon include offenses like tax fraud, drug trafficking, counterfeiting, bank robbery, mail fraud, and firearms violations prosecuted by the Department of Justice in federal court.4Federal Judicial Center. Jurisdiction: Criminal If a U.S. District Court handled the case under a federal statute, it falls within the President’s power.
Two categories often confuse people because they look local but count as federal for pardon purposes.
District of Columbia Offenses
D.C. is not a state, and offenses under the D.C. Code are treated as federal offenses for clemency. The President is the only authority who can grant clemency for a D.C. Code violation. Applications go through the U.S. Department of Justice’s Office of the Pardon Attorney, not a governor’s office.5DC.gov. Apply for Clemency
Military Court-Martial Convictions
Convictions under the Uniform Code of Military Justice are federal. Courts-martial are federal proceedings, and the UCMJ itself recognizes “the authority of the President” over the finality of court-martial sentences.6Office of the Law Revision Counsel. 10 USC Chapter 47 – Uniform Code of Military Justice Presidents have exercised this authority throughout American history.
One Explicit Federal Exception: Impeachment
The Constitution itself carves out one situation where the President cannot use the pardon power even in the federal sphere: cases of impeachment. The Supreme Court in Nixon v. United States described this as “a separate determination by the Framers that executive clemency should not be available in such cases.”7Library of Congress. Scope of Pardon Power A federal official impeached and removed from office cannot have that outcome undone by a pardon.
What a Federal Pardon Does Not Reach, Even Federally
The state-crime limit is the biggest boundary, but a federal pardon also leaves several other things in place. Someone weighing what a pardon would actually accomplish should know these.
Criminal Records Stay
A pardon does not erase a criminal record. A Department of Justice Office of Legal Counsel opinion states that a presidential pardon “does not by its own force expunge judicial or administrative records of the conviction or underlying offense.”8Department of Justice, Office of Legal Counsel. Whether a Presidential Pardon Expunges Judicial and Executive Branch Records of a Crime The conviction remains a historical fact in court and agency databases.
Civil Liability Stays
A pardon forgives public punishment for a crime but does not release the pardoned person from civil liability to anyone they harmed. The Supreme Court has stated that “neither executive nor legislature can pardon a private wrong, or relieve the wrongdoer from civil liability to the individual he has wronged.”9Legal Information Institute (LII) / Cornell Law School. Overview of the Pardon Power Victims can still sue, and restitution obligations already vested in victims are generally unaffected.
State Firearms Prohibitions Stay
Even when a federal pardon restores the right to possess firearms under federal law, state-level firearms prohibitions remain independently enforceable. A federally pardoned person is not automatically removed from a state disqualification without further action by the state itself. States with their own firearms restrictions can block a federally pardoned person from legally possessing a gun within their borders.
The Practical Bottom Line
If the conviction was entered in a state trial court under a state statute, a presidential pardon is not the remedy. The path runs through the governor’s office or the state clemency board, following that state’s rules on eligibility, waiting periods, and application procedure. If the same conduct also produced a federal charge, the two matters are legally distinct: a pardon from the President resolves the federal side and leaves the state side untouched. That is the direct consequence of dual sovereignty, and it is the answer for anyone trying to figure out which door to knock on.