A pardon is an official act of forgiveness from a government executive that removes most of the legal penalties of a criminal conviction and restores civil rights, though it does not erase the conviction itself. To understand how pardons work in the United States, you need to know three things: who has the power to grant one, what it actually does (and does not do) for the person who receives it, and how someone applies. The President grants pardons for federal crimes; governors or state clemency boards handle state crimes. The two systems are separate, and a pardon in one does not touch a conviction in the other.
Who Grants Pardons
The President’s authority comes directly from Article II, Section 2 of the Constitution, which gives the President the “Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”1Constitution Annotated. Overview of Pardon Power The Supreme Court has described this power as essentially unlimited within its scope, and Congress cannot narrow it by legislation.
That scope covers only federal offenses. A presidential pardon cannot wipe away a state conviction. For state crimes, the pardon power belongs to the governor, a clemency board, or some combination of the two, depending on the state. Roughly nine states give the governor sole authority, several require a board recommendation before the governor can act, and a handful vest the decision entirely in an independent board with no direct gubernatorial role.2Death Penalty Information Center. Clemency Procedures by State
What a Pardon Actually Does
The main effect of a pardon is restoring civil rights lost after a felony conviction. In the 1866 case Ex parte Garland, the Supreme Court said a pardon “removes the penalties and disabilities, and restores him to all civil rights.”3Constitution Annotated. Legal Effect of a Pardon In practical terms, that usually means regaining the right to serve on a jury and hold public office, and it reduces the stigma when applying for jobs or professional licenses, since you can note the pardon alongside any required disclosure of the conviction.
Voting rights are more complicated. Most felony voting restrictions come from state law, and a federal pardon does not automatically override them. Whether a pardoned person regains the right to vote depends on the rules of the state where they live.
Firearm rights work similarly. Federal law bars convicted felons from possessing firearms, and a pardon can remove that federal disability, but separate state firearms restrictions may still apply. Anyone in this situation should get legal advice before assuming a pardon clears the way.
What a Pardon Does Not Do
A pardon is not an expungement. The conviction stays on your record; the record simply shows both the conviction and the pardon that followed. If an application asks whether you have ever been convicted of a crime, you still answer yes, though you can explain that a pardon was granted. An expungement, by contrast, seals or destroys the record and generally lets you legally deny the conviction happened. Federal law does not provide a general expungement process for adult convictions, which is part of why federal pardons matter.
A pardon also does not shield you from civil lawsuits related to the same conduct. The pardon power reaches “Offenses against the United States,” meaning criminal penalties, and does not extend to civil claims.4Cornell Law School Legal Information Institute. Overview of Pardon Power
On immigration, the picture is more nuanced than many people assume. Under the Immigration and Nationality Act, a full and unconditional pardon can eliminate certain grounds of deportability, including convictions for crimes involving moral turpitude, multiple criminal convictions, and aggravated felonies.5Congress.gov. Immigration Consequences of Criminal Activity Not every deportation ground has a pardon exception, though, and state pardons may carry less weight than federal ones in immigration proceedings. A non-citizen facing removal based on a conviction should consult an immigration attorney before relying on a pardon.
Pardons Compared to Other Forms of Clemency
A pardon is one tool among several, and they are easy to confuse.
- A commutation reduces a sentence, sometimes to time served, but leaves the conviction intact and does not restore civil rights. It is typically used while someone is still serving a sentence; pardons usually come after the sentence is complete.
- A reprieve temporarily delays the execution of a sentence without changing it. When the reprieve expires, the original sentence resumes unless something else intervenes.6Cornell Law School Legal Information Institute. Reprieve
- Amnesty resembles a pardon but typically applies to groups rather than named individuals and is sometimes enacted through legislation.
Limits on the Pardon Power
The Constitution’s only explicit restriction is that pardons cannot be used in cases of impeachment. The President cannot pardon a federal official to prevent or undo an impeachment by Congress.
Whether a sitting president can pardon themselves remains unresolved. No president has attempted it, and no court has ruled on it. A 1974 Department of Justice Office of Legal Counsel opinion concluded that a president cannot self-pardon, reasoning that no one may be a judge in their own case. Legal scholars remain divided.7Constitution Annotated. Presidential Self-Pardons
Pardons do not have to come after conviction. The Supreme Court has confirmed the pardon power can be exercised before legal proceedings begin, during them, or after conviction and judgment. The best-known example is President Ford’s 1974 pardon of Richard Nixon, issued before any charges were brought. The President can also attach conditions to a pardon, and if the recipient violates them, the pardon can be revoked.8Constitution Annotated. Pardons Generally
Who Can Apply for a Federal Pardon
Department of Justice regulations set the standards for applying. The biggest requirement is a waiting period: you cannot file a petition until at least five years after your release from confinement, or five years from the date of conviction if no prison sentence was imposed.9eCFR. 28 CFR 1.2 – Eligibility for Filing Petition for Pardon Waivers of any part of that period are possible but rare, described by the Department as granted “only in the most exceptional circumstances.” To request one, you submit the standard application with a letter explaining why your case warrants an exception.10Western District of Oklahoma. Applying for a Presidential Pardon
Beyond the waiting period, the evaluation focuses on your post-conviction conduct. Reviewers consider employment history, community involvement, and whether you have accepted responsibility for the offense. These are guidelines, not rigid cutoffs. The President keeps complete discretion over the final decision.
How to Apply for a Federal Pardon
You start with the Application for Pardon After Completion of Sentence, which goes to the Office of the Pardon Attorney within the Department of Justice.11Office of the Pardon Attorney. Application for Pardon After Completion of Sentence The form runs roughly a dozen pages and asks for detailed information about your conviction, sentence, and reasons for seeking a pardon. You also submit a signed personal oath, an authorization for release of information, and at least three letters of support from people who are not relatives. You can file by email or mail.
After the Office of the Pardon Attorney receives your petition, initial review can take up to six months before a staff attorney is assigned. The FBI may then conduct a background investigation, verifying claims about your post-conviction conduct through interviews with employers, neighbors, and associates, along with credit and law enforcement records checks.12Department of Justice. How Clemency Works The DOJ says it “might” ask the FBI to investigate, not that it always does.13National Archives. Classification 73 – Application for Pardon
Once the investigation is done, the Pardon Attorney drafts a recommendation and forwards it to the President. Application to decision typically takes 18 months to several years. Add the five-year waiting period, and the realistic timeline from conviction to pardon can run seven to ten years or longer. The President is not bound by the recommendation and can grant or deny for any reason or none. There is no appeal from a denial, but you can reapply.
One serious warning: intentionally false statements on the application can result in denial and separate criminal charges carrying up to five years in prison and a $250,000 fine.11Office of the Pardon Attorney. Application for Pardon After Completion of Sentence
How State Pardons Differ
State pardon procedures vary widely. Some states route every clemency decision through the governor alone. Others require the governor to receive a board recommendation before acting. A few, most notably Georgia, take the governor out of the process and vest clemency in an independent board.2Death Penalty Information Center. Clemency Procedures by State Eligibility rules, waiting periods, and application forms come from each state’s constitution and statutes.
The practical effect of a state pardon also depends on where you live. Some states treat a pardon as fully restoring all civil rights; others restore only specific rights or require separate proceedings for firearm possession and similar matters. If you are seeking a state pardon, start with your state’s pardon board or governor’s office for the specific forms and procedural requirements.