Presidential Pardon for Federal/Military Conviction

Military Attorney for Presidential Pardon for Federal/Military Conviction Located in Norfolk and Serving all of Virginia

Any person convicted of a Federal criminal offense who is seeking a Presidential Pardon for clemency, reprieve, commutation of sentence, or remission of fine for a Federal conviction shall complete a formal written petition. The petition shall be submitted to the President of the United States via the Pardon Attorney, Department of Justice, Washington, DC 20530.

A Presidential Pardon for Military offenses has a separate process. A petitioner applying for executive clemency with respect to military offenses should submit his or her petition directly to the Secretary of the military department that had original jurisdiction over the court-martial trial and conviction of the petitioner. In such a case, a form furnished by the Pardon Attorney may be used but should be modified to meet the needs of the particular case. Each petition for executive clemency should include the information required in the form prescribed by the Attorney General.

To be eligible for filing a petition for a Presidential Pardon for a Federal conviction the petition shouldn’t be filed until at least five years after the date from release of confinement or, in case there wasn’t confinement at least five years after the date of the conviction. Generally, a petition shouldn’t be submitted by a person who’s on probation, parole, or supervised release. A petition for a commutation of sentence,┬áincluding remission of a fine should not be filed if there are other forms of judicial or administrative relief available, unless there is a showing of exceptional circumstances.

Consideration of a petition for a Presidential Pardon; recommendations to the President

(a) Upon receiving a petition for a Presidential Pardon or executive clemency, the Attorney General of the United States shall cause an investigation to be made of the matter concerned in the petition as he or she deems necessary and proper and shall use the services of, or obtaining reports from any and all appropriate officials and agencies of the Government, including the Federal Bureau of Investigation.

(b) Upon investigation, the Attorney General shall review each petition and all relevant information obtained and shall determine whether the petition for clemency is of sufficient merit to warrant a favorable action by the President. The Attorney General shall report in writing his or her recommendation to the President and shall make a recommendation to the President to grant or deny the petition.

Notification of a grant of a Presidential Pardon

When the President of the United States grants a pardon, the petitioner or his or her attorney shall be notified of such action and a Warrant of Pardon shall be mailed to the petitioner. When commutation of sentence is granted, the petitioner shall be notified of such approval and the Warrant of a Commutation shall be sent to the petitioner through the officer in charge of his or her place of confinement, or directly to the petitioner if he/she is on parole, probation, or supervised release.

Notification of denial

(a) Whenever the President notifies the Attorney General that he has denied a request for clemency, the Attorney General shall so advise the petitioner.

(b) Except in cases in which a sentence of death has been imposed, whenever the Attorney General recommends that the President deny a request for clemency and the President does not disapprove or take other action with respect to that adverse recommendation within 30 days after the date of its submission to him, it shall be presumed that the President concurs in that adverse recommendation of the Attorney General, and the Attorney General shall so advise the petitioner and close the case.

Presidential Pardon of Military criminal offense

A petitioner requesting Presidential Pardon of a court-martial conviction must submit the petition directly to the Secretary of the military department that had original jurisdiction in case. A Presidential Pardon of a military conviction will not change the character of a military discharge. To change the characterization of your discharge a petition must be made to the appropriate military authority.

Effect of a Presidential Pardon

A Presidential Pardon will restore various rights lost as a result of the Federal/Military conviction and should lessen, to some extent, the stigma arising from a conviction, it will not erase or expunge the record of your conviction. Therefore, even if you are granted a Presidential Pardon, you must still disclose your Federal/Military conviction on any form where such information is required – although you may also disclose the fact that you received a Presidential Pardon. In addition, most civil disabilities of a Federal/Military felony conviction, such as the loss of the right to vote and to hold state public office, are imposed by the state rather than federal law, and therefore may be removed by state action.

Exclusive Presidential Authority

The authority to grant a Presidential Pardon is exclusively vested in the President alone. No hearing is held on the pardon application by either the Department of Justice or the White House. After a final determination is made, you will be notified in a writing directed to address provided in the written petition for the Presidential Pardon for a Federal or Military criminal conviction. There is no appeal process from the denial of the President’s decision to deny a clemency request. The Office of the Pardon Attorney does not disclose information regarding the nature or results of any investigation that may have been undertaken during the review process, or the exact point in the clemency process at which a petition is pending. As a matter of policy, the specific reasons for the President’s decision to grant or deny a petition are generally not disclosed by either the White House or the Department of Justice. In addition, any communications pertaining to the Presidential decision-making, such as the Department’s recommendation to the President in a clemency request, are confidential and are not available under the Freedom of Information Act. If your petition for a Presidential Pardon for a Federal or Military criminal conviction is denied, you may submit a new petition for consideration two years from the date of denial.