Are Specific Crimes Eligible for a Presidential Pardon?

Presidential pardons are federal executive clemency, a constitutional power granted to the sitting president. The president has broad authority to grant pardons, which eliminate criminal charges.

Unlike commutations, which might result in reduced jail time, pardons render you “not guilty” – clearing your criminal record and restoring your civil rights. Pardons are powerful but granted sparingly.

Retaining an experienced federal criminal defense attorney to help you petition for clemency can increase your chances of obtaining a pardon, especially if you’ve been charged with certain crimes.

Scope of Presidential Pardon Powers

Only a few constitutional limitations are placed on the president’s clemency powers. The first, which does not apply to most offenders, prevents the president from pardoning himself for crimes he’s being impeached for. The second prevents the president from pardoning crimes before they are committed, i.e., authorizing unlawful conduct.

The most relevant limitation involves the specific language of the United States Constitution. As the federal executive, the president is only permitted to pardon crimes committed against the United States. Put another way, he only has the authority to pardon federal, not state, offenses. The state governor, not the president, is the only one with authority to pardon you for state crimes.

Pardonable Federal Offenses

Besides the above limitations, the president may pardon offenders for any federal crime before, during, or after trial. A non-exhaustive list of pardonable offenses includes the following:

• Murder
• Sexual assault
• Wire fraud
• Drug trafficking and possession
• Immigration offenses
• Espionage
• Fraud
• Firearms offenses

Although a pardon eliminates guilt, some offenders might be unable to re-obtain forfeited property or fines paid into the United States Treasury. An experienced federal clemency lawyer can help you petition for a presidential pardon and understand your rights under the United States Constitution.

Special Offenses Eligible for Pardons

In some cases, the president will issue executive orders and memorandums directing the Office of the Pardon Attorney to obtain and submit pardon petitions related to specific offenses or events. This occurs when the president determines certain penalties were too harsh, such as convictions related to marijuana possession and drug-related offenses, or issues blanket pardons for crimes resulting from certain events. Most notably, President Trump issued full and unconditional pardons and commutations for federal offenses near the Capitol on January 6, 2021.

Pardons are not limited to these executive orders. However, offenders with crimes falling into these special categories might obtain a pardon by proving they qualify under the pardon’s conditions. The Office of the Pardon Attorney will also prioritize these applications. If you believe you will qualify for a special pardon, contact federal clemency attorney Peter Katz immediately.

Petition for a Presidential Pardon with the Help of a Federal Post-Conviction Relief Lawyer

Even if you’re pre-qualified for a pardon, you must submit a detailed application to the relevant federal authorities. Experienced presidential pardon lawyer Peter Katz can help you understand your rights under federal law and petition for a presidential pardon or commutation. Discuss your options for relief by contacting our office today.