Learn About the Presidential Pardon Process

How Presidential Pardons Work: The Basics You Should Know

A presidential pardon is a legal action that forgives a federal crime. When a president grants a pardon, it doesn't erase the crime from history or official records — it stops the punishment. The person who received the pardon no longer has to serve their sentence, and in many cases, certain legal consequences are lifted.

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The power to pardon comes directly from the U.S. Constitution. Article II, Section 2 states that the president "shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." This means a president can only pardon federal crimes, not state crimes. If someone was convicted in state court, only the state's governor can pardon them. This distinction matters because most criminal cases in America are actually handled at the state level.

Presidential pardons are different from commutations, though people often confuse the two. A commutation reduces a sentence but doesn't forgive the crime. Someone who receives a commutation is released from prison early but may still have a criminal record and face other consequences. A pardon, on the other hand, forgives the offense itself. Both actions can only be granted by a president for federal crimes.

Throughout American history, pardons have been used for various reasons. President Andrew Johnson pardoned thousands of people after the Civil War. President Gerald Ford famously pardoned former President Richard Nixon in 1974 for any crimes he may have committed while in office. President Barack Obama commuted sentences for hundreds of nonviolent drug offenders near the end of his presidency. President Joe Biden has issued pardons for certain federal offenses, including marijuana possession convictions.

The pardon power is one of the few presidential actions that faces almost no legal limitations. Courts generally cannot overturn a pardon, and Congress cannot overrule one. This makes the pardon process unusual compared to most government decisions. A president doesn't need permission from anyone to grant a pardon — they can decide on their own.

Key takeaway: Understand that a pardon forgives a federal crime and stops punishment, but works differently from a commutation. Know that only federal crimes qualify — state convictions require state-level action.

What Crimes Can Be Pardoned and What Cannot

Not every crime can receive a presidential pardon, and understanding the limits matters. The pardon power only covers federal crimes — violations of federal law prosecuted in federal court. Federal crimes include things like tax evasion, mail fraud, bank robbery, drug trafficking across state lines, counterfeiting, immigration violations, and crimes committed on federal property. If you were convicted in federal court, your crime might be a candidate for a pardon.

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State crimes cannot be pardoned by a president, no matter what. If someone was convicted under state law in state court, only that state's governor or pardon board can grant a pardon. This is a huge limitation because the vast majority of criminal prosecutions happen in state systems. A person convicted of murder, assault, or robbery in state court cannot receive a presidential pardon, even if a president wanted to grant one. For example, if someone was convicted of a drug crime under a state drug law, a presidential pardon won't affect that conviction — only a state-level pardon would.

There is one crime that absolutely cannot be pardoned by a president: impeachment. If someone has been impeached and convicted by the Senate (Congress), a presidential pardon cannot reverse that. This rule exists to prevent a president from using the pardon power to escape consequences for their own misconduct or to protect allies who have been formally impeached.

Beyond these hard limits, presidents have discretion about which federal crimes to pardon. Some crimes are more commonly pardoned than others. People convicted of nonviolent offenses, people who have shown rehabilitation, people who are elderly or in poor health, and people whose sentences are considered disproportionate to their offense are more likely to receive consideration. However, there's no rule about this — a president could theoretically pardon any federal crime except those related to impeachment.

Crimes involving violence, terrorism, organized crime, and crimes against children are less likely to receive pardons, though this depends on each president's values and judgment. Some presidents take a stricter view of who should receive a pardon, while others are more liberal in granting them. President Trump granted 143 pardons and 36 commutations during his presidency. President Obama granted 1,715 commutations and 212 pardons. The numbers vary widely, and so do the types of crimes considered.

Key takeaway: Remember that only federal crimes can be pardoned by a president, and impeachment convictions cannot be pardoned. State crimes require state action. The president has broad freedom to decide which federal crimes to pardon.

The Official Path: How to Request a Pardon

If someone wants to request a presidential pardon for a federal conviction, there is an official process through the Department of Justice. The Office of the Pardon Attorney within the Justice Department reviews all pardon requests and makes recommendations to the president. This office exists to handle these requests in an organized way, though receiving a pardon through this route is statistically rare.

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The formal request begins with submitting a petition to the Office of the Pardon Attorney. This isn't a simple form — it's a detailed written request that explains why a pardon should be granted. The petition typically includes information about the conviction, the sentence, the person's background, what they've done since the conviction, letters of support from community members, and arguments for why a pardon serves justice. The petition needs to be thorough and persuasive because thousands of these are submitted each year, but only a small fraction result in pardons.

There are specific requirements for submitting a petition. A person generally should have completed their sentence or served a significant portion of it before requesting a pardon. There's no exact waiting period in the formal rules, but the Office of the Pardon Attorney typically expects at least five years to have passed since the end of the sentence. The reason is that time and good conduct afterward are considered evidence of rehabilitation. Someone who was released from prison last year and hasn't had time to demonstrate a changed life is less likely to receive consideration than someone who has stayed out of trouble for five or ten years.

The petitioner or someone acting on their behalf must gather supporting documents. These include certified copies of the conviction and sentence, FBI reports, any police records, letters from employers or community leaders, medical records if relevant, and documentation of work, education, or volunteer activities since the conviction. The more evidence that a person has turned their life around, the better. This might include letters from people who have worked with them, evidence of employment, educational achievements, or community service records.

Once submitted, the petition enters a review process that can take considerable time. The Office of the Pardon Attorney examines the petition, gathers additional information, and prepares a written recommendation to the president. This recommendation goes to the White House Counsel's office. From there, the decision reaches the president. The entire process can take months or years. There's no deadline by which a president must decide, and some petitions may never receive a final answer.

Key takeaway: Understand that formal pardon requests go through the Office of the Pardon Attorney and require detailed petitions. Know that time served, evidence of rehabilitation, and supporting letters matter in the review process.

Understanding the Odds and Timeline

It's important to have realistic expectations about presidential pardons. The numbers show that receiving a pardon is statistically uncommon. In recent decades, the average president grants between 10 and 400 pardons per term, depending on the president. President Joe Biden issued 120 pardons and 39 commutations as of mid-2024. President Obama issued 212 pardons and 1,715 commutations over eight years. President George W. Bush issued 189 pardons and 36 commutations. These numbers sound larger until you consider that millions of people have federal convictions and thousands submit pardon petitions each year.

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The Office of the Pardon Attorney receives roughly 1,000 to 2,000 petition inquiries annually. Of those, only a small percentage — sometimes fewer than 100 per year — actually receive presidential action. This means the success rate is well below 10 percent. A person considering a pardon request should understand that the likelihood of receiving one through the formal process is low, even for people with compelling circumstances. This is why the decision to pursue a pardon request should be made carefully, sometimes with consultation from