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Federal Pardon — How to Apply for a Presidential Pardon

Federal pardons are granted by the President of the United States through the Office of the Pardon Attorney at the Department of Justice. The process is lengthy, competitive, and the grant rate is very low (approximately 5-7%).

Last updated: 2026-03-28. This is informational only, not legal advice.

Pardon Authority

Authority: Other

The President of the United States has exclusive pardon power for federal offenses and DC code offenses under Article II, Section 2 of the Constitution. The Office of the Pardon Attorney in the Department of Justice processes applications and makes recommendations.

Types of Clemency Available

Full Pardon

Presidential pardon officially forgiving the federal offense. Restores most civil rights lost due to the federal conviction.

Commutation

Presidential commutation reducing the sentence. Does not forgive the offense or restore civil rights.

Reprieve

Presidential reprieve temporarily delaying execution of sentence.

Eligibility Requirements

Waiting period: 5 years after completion of sentence (including any term of supervised release, probation, or parole). The 5-year period begins from the date of release from any confinement imposed as part of the sentence, or if no confinement, from the date of sentencing.

Clean record required: Yes — Must demonstrate good conduct and rehabilitation for at least 5 years after completion of sentence. Any subsequent criminal conduct significantly weakens the application.

Other requirements:
  • Must accept responsibility for the offense (denial of guilt weakens the application)
  • Must demonstrate need for the pardon (employment, licensing, immigration, civil rights)
  • Character references from at least 3 people are required
  • Must disclose all criminal history, not just the offense being pardoned

How to Apply — Step by Step

  1. Wait at least 5 years after completion of sentence (including supervised release/probation).
  2. Complete the formal pardon application (available on the DOJ Office of the Pardon Attorney website).
  3. Submit the application to the Office of the Pardon Attorney, U.S. Department of Justice.
  4. The FBI conducts a thorough background investigation.
  5. The Office of the Pardon Attorney reviews the application and FBI report.
  6. The Pardon Attorney makes a recommendation to the Deputy Attorney General and then to the President.
  7. The President makes the final decision.

What a Pardon Does & Doesn't Do

Gun Rights

A presidential pardon restores the right to possess firearms under federal law (18 U.S.C. Section 922(g)) for the pardoned offense. However, if you also have state convictions, those may independently bar firearm possession under state law.

Voting Rights

Federal convictions generally do not affect voting rights — voting is governed by state law. A federal pardon is not needed for voting restoration (apply under your state's rules).

Effect on Criminal Record

A presidential pardon does not expunge the federal conviction. The conviction remains on the record, but the pardon is noted. Federal records can potentially be sealed separately in limited circumstances.

Employment

A presidential pardon is the highest form of executive clemency and carries significant weight with employers and licensing agencies. It demonstrates that the President has determined the applicant is sufficiently rehabilitated.

Processing Time & Likelihood

Average processing time: 1 to 3+ years — the federal pardon process is notoriously slow. Applications are processed in the order received, and the backlog can be substantial.

Pardon rate: Approximately 5-7% of applications are granted — the federal pardon rate is very low. The vast majority of applications are denied.

Cost: Free — no filing fee for federal pardon applications

Pardon vs. Expungement

Federal law has very limited expungement options. There is no general federal expungement statute. In rare cases, a court may seal federal records under the court's inherent authority, but this is uncommon. A presidential pardon is the primary form of relief for federal convictions.

Official Resources

Frequently Asked Questions

How do I apply for a federal pardon?
Submit a formal application to the Office of the Pardon Attorney at the U.S. Department of Justice. You must wait at least 5 years after completion of your sentence. The application form is available on the DOJ website. The process involves an FBI investigation and review by the Pardon Attorney before a recommendation is made to the President.
What is the federal pardon grant rate?
Approximately 5-7% of applications are granted. The federal pardon process is very competitive. A strong application with clear evidence of rehabilitation, community contribution, and need for the pardon is essential.
Does a federal pardon restore gun rights?
Yes — a presidential pardon restores the right to possess firearms under federal law for the pardoned offense. However, if you have state convictions that independently bar firearm possession, the federal pardon does not affect those state-level restrictions.

Related Resources on This Site

Disclaimer: This is informational only, not legal advice. Pardon and clemency laws change frequently. Consult a qualified attorney for advice about your specific situation.

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