What You Need to Know about a Presidential Pardon

In December 2013, President Barack Obama reduced the prison sentences of eight prisoners serving federal sentences for crack-cocaine related crimes. He also granted freedom to 13 others, at least six of whom were in prison for drug offenses.

Obama felt that these individuals were given racially discriminatory sentences for drug crimes. Prior to 2010, African Americans were receiving sentences 100 times harsher for crack cocaine possession than whites who committed similar crimes. As a result, the president shortened several sentences. This is known as a “commutation.” He also pardoned 13 convictions.

Under Article II, Section 2 of the United States Constitution, the president has the power to grant pardons for offenses against the United States. This includes conditional pardons, commutations of sentence, conditional commutations of sentence and reduction of fines.

By definition:

• A pardon is an executive order vacating a conviction; and
• A commutation is the lessening of the sentence of someone currently serving a sentence for a conviction of a crime.

Presidential Pardons only apply to federal convictions. In other words, if you have committed a state criminal offense, it is not eligible to be pardoned or commuted by the president.

Being convicted of a federal crime can bring a great amount of stress to your family and separate you from your community. Let’s look at the process of receiving a Presidential Pardon so that you can get your life back on track as soon as possible…

Instructions on Presidential Pardons (28 C.F.R. Section 1.1)

To petition your conviction, you first must submit an application to the Office of the Pardon Attorney in Washington, D.C. You can also provide additional information and documents relating to your case. A skilled criminal defense attorney can help you submit the most accurate and effective application to improve your chances of getting your pardon request granted.

Under 28 C.F.R. Section 1.1 you cannot request a pardon until five years after your conviction. You can request a waiver of this five-year requirement, but these are rarely granted. If you have more than one federal conviction on your record, your pardon application should be in response to the most recent one.

A Presidential Pardon only applies to federal crimes. However, the application will still ask you to list any state, local or foreign crimes on your record.

In addition to these details, a pardon application will also ask for three character references from persons not related to you by blood or marriage. Officials in the Office of the Pardon Attorney will conduct a thorough review of your application and determine if it is eligible to be reviewed by the President.

Why Apply For a Presidential Pardon?

If you feel that you or a loved one has been wrongly convicted, you may ask, “Why not appeal the conviction?” In many cases, the victim’s innocence is so obvious that submitting an application for a Presidential Pardon makes more sense. The pardon may be granted in this case because a retrial would be too expensive.

A Presidential Pardon gives you back your rights and helps you return to your family and community as soon as possible. It does not clear your record of your conviction, but it will allow you to move on with your life. It acknowledges that you have paid your debt to society, and deserve to have your penalty either cancelled or trimmed.

According to President Obama, “too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason.” As in the case of the 13 individuals whom he pardoned, the law gave them unjust sentences to begin with. Obama felt that they deserved to have their crimes forgiven.

The president has only granted 52 Presidential Pardons since taking office. Out of 8,700 commutation applications he had only accepted one prior to 2013. These are the lowest of any president in modern history.

Let the Criminal Defense Attorneys at Wallin & Klarich Help You Today

Although Obama has granted the fewest pardons of any president, his recent decision shows that there is still hope for you or your loved one. It is crucial that you speak with an attorney who is experienced in criminal matters and issues of Presidential Pardons. The attorneys at Wallin & Klarich have been successfully helping our clients obtain pardons for over 40 years.

With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, one of our knowledgeable attorneys is available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.