Who can get a presidential pardon of a federal conviction?

It depends. Presidential pardons are even more difficult to get than federal judicial expungements (see PG. 994). U.S. Presidential Pardons are generally only given in high-profile, highly public cases—for example, to certain public figures or politicians, or to friends and relatives of the President.

Technically, any federal conviction is eligible for a presidential pardon, but you must first complete your sentence (including any parole or probation term) AND a 5-year waiting period before you can request a Pardon. The 5-year waiting period starts when you are released from custody, or from the date of your conviction if you were never incarcerated (whichever is later).[3254] During this time, you will need to show that you have led a responsible and productive life, made significant efforts toward rehabilitation, and taken responsibility for your offense.

In deciding whether to grant your pardon, the President will consider the following factors, so you should emphasize your efforts and accomplishments in these areas:

    Employment, including stable work and financial situation;
    Family responsibility;
    Community service, volunteer work, or other charitable activities;
    Reputation in the community;
    Military service (if applicable);
    Any other accomplishments; AND
    Your efforts to take responsibility for your offense and make restitution to any victims.[3255]

Here are some other things you should include or mention:

    Letters of support, reports, and recommendations—particularly official reports or recommendations from people involved in your criminal case, such as the judge, the prosecutor, or your federal probation officer.
    Any hardships caused by your conviction—for example, if your conviction is preventing you from getting certain jobs or professional licenses; or making it difficult for you to reunite with your children and family; or if you cannot get certain public benefits, public housing, loans, or other services because of your conviction.
    The amount of time that has passed since your conviction—The more serious your offense, the more time you will need to put between your conviction and your request in order to demonstrate your rehabilitation and convince the president that you deserve a pardon.[3256]
  1. 3254

    28 C.F.R. § 1.2.

  2. 3255

    Standards for Consideration of Clemency Petitioners, U.S. Dep’t of Justice, § 1-2.113.

  3. 3256

    Standards for Consideration of Clemency Petitioners, U.S. Dep’t of Justice, § 1-2.113.