Sexual Battery. Solicitation of a Minor. Drug Crimes. Drug Crimes Defense. Drug Trafficking. Violent Crimes. Assault and Battery. Child Abuse. Domestic Violence. Kidnapping and Stalking. Negligent Homicide. Restraining Orders. Self Defense. Weapons Charges. White-Collar Crimes. Medicaid Fraud. Tax Fraud. Pardons , meanwhile, can apply to virtually any criminal offense or group of offenses but are much more difficult to obtain.
An expungement can be resolved within a few weeks if the proper paperwork is in order, but a pardon takes at least three years just to be investigated and reviewed! Expungements are obtained with a simple court petition, and if you meet the qualifications outlined in the state statute, your record will be cleared. An appearance before the 5-member Board of Pardons must be requested and if three of the five members find your story compelling enough, your case is then recommended for a pardon.
The Pennsylvania Governor then can decide whether to issue the pardon. Can it be obtained in the same way as a pardon? Read on to straighten out the distinction between pardon and clemency. While clemency and pardon are not interchangeable, a pardon is a form of clemency. Clemency is a general term for reducing the penalties for a particular crime without actually clearing your criminal record. A clemency can come in the form of a pardon, which is forgiveness of a sentence, a commutation, which is reduction of a sentence, or a reprieve, which is a temporary putting off of punishment while the situation is analyzed further.
Therefore a pardon is always clemency, but when someone receives clemency, it does not necessarily mean a pardon. A pardon is meant to indicate forgiveness of a particular crime, either because a person was wrongfully convicted or the punishment was not appropriate for the crime committed. A commutation is a merciful act offered when it is determined that the penalty given was too harsh.
A common use of commutation is to reduce a death penalty verdict to life in prison. You are here Home » Office of the Pardon Attorney. Frequently Asked Questions. President Biden is exploring the use of his clemency power for individuals on home confinement under the CARES Act for non-violent drug offenses.
Currently, the expedited screening program is only for those drug offenders on home confinement who have between 18 and 48 months remaining on their sentences. The Bureau of Prisons BOP has been asked to notify eligible offenders of the program so that they may file a petition to initiate consideration of clemency by The President. Once the clemency petition and other necessary materials are assembled and evaluated by the Pardon Attorney, the Department of Justice will make its recommendation on the clemency request to The President.
Please note that the Department of Justice will continue to consider clemency cases where an offender has a pending motion for compassionate release in any district court if the commutation petition is being considered under the parameters of the expedited screening program.
The Office of the Pardon Attorney is unable to provide additional information or clarification about the expedited home confinement screening program, so additional questions should be routed to The White House Office of Public Affairs. Responsibility for exercising the pardon power vested in the President by Article II, section 2, of the Constitution was shared by the Secretary of State and the Attorney General from The Attorney General had administrative responsibility for pardon application review, , although the Department of State continued to issue pardon warrants until a Presidential order of June 6, , transferred this function to the Department of Justice.
Pardon responsibilities were delegated to the Office of the Clerk of Pardons, established in the Office of the Attorney General by an act of March 3, 13 Stat. The Office of the Clerk of Pardons became a component of the newly created Department of Justice, pursuant to its enabling act, June 22, 16 Stat. SEE They create no enforceable rights in persons applying for executive clemency, nor do they restrict the authority granted to the President under Article II, Section 2 of the Constitution.
We have added links directly to the clemency petitions on the homepage of our website and they allow you to easily fill out the information directly on the form. We respect the gender, identity, and preferences of our employees, clemency petitioners, and anyone else that we correspond with, so please make us aware of any information that would help us communicate with you more effectively, including preferred pronouns and legal name changes. We prefer email, but if you don't have access to email, you can send records to us at U.
We do not accept visitors or hand delivered packages to ensure the safety of our staff. Emailing us at USPardon. Attorney usdoj. We are a fully digital office, so mail sent by postal service or Fed Ex is going to take longer for us to process and add to your casefile.
We update the Clemency Lookup Feature once per month, but it could take up to 8 weeks before your case will show up on the lookup feature. Therefore, we will not respond to requests for confirmation of receipt or status updates if your petition was submitted to us within the past 8 weeks because we deem your request premature and the only publicly available information about a pending case is already proactively disclosed through this feature of our website.
We will also refrain from providing status updates on cases that you can now use our Clemency Lookup Feature to confirm the status of. Due to longstanding policy, we will not provide any additional information about the status of a pending case, outside of what is available on our website, and we also cannot rush or expedite the President's decisionmaking process.
Under well-established procedures, this office will not process a clemency application while litigation concerning the case is pending. Clemency officials conduct a very thorough review in determining a petitioner's worthiness for relief.
Accordingly, you should be prepared for a detailed inquiry into your personal and criminal background as well as current activities. A request for a motion under 18 USC g or c 1 A otherwise known as compassionate release should be submitted to the Warden of the Bureau of Prisons institution that houses the inmate. Compassionate release requests cannot be accepted by the Pardon Attorney because a commutation by the President must be a last resort remedy.
Therefore, if an inmate is currently being considered for compassionate release, the Pardon Attorney may close a pending commutation of sentence petition until a decision is made by the court on the request for compassionate release. If so, the inmate may reapply to the Pardon Attorney for clemency once the compassionate release motion and any appeal have concluded.
The Pardon Attorney will not close a case due to a pending compassionate release motion if the Office is reviewing the case under President Biden's expedited home confinement clemency screening program. It would be highly unusual, but there have been a few cases where people who had not been charged with a crime were pardoned, including President Gerald Ford's pardon of President Richard Nixon after Watergate, President Jimmy Carter's pardon of Vietnam draft dodgers and President George H.
Bush's pardon of Caspar Weinberger. President Donald J. Trump pardoned Joseph Arpaio and others after they were charged and convicted, but prior to sentencing. The Department does not maintain statistics on those categories of grants and has no documentation to support them. That is a question best answered by the Department's Office of Legal Counsel.
You may contact them directly at www. Superior Court. An offense that violates a state law is not an offense against the United States. A person who wishes to seek a pardon or a commutation of sentence for a state offense should contact the authorities of the state in which the conviction occurred. No - You may either 1 move forward with your restitution request and wait until you receive a response from the President regarding restitution to apply for pardon or 2 we can administratively close the restitution request without prejudice and address restitution in the context of your request for a full and unconditional pardon.
Not necessarily. Some, but not all, states have instituted procedures for restoring to their citizens certain basic civil rights, such as the rights to vote, hold office, or sit on a jury, even if the disqualifying felony conviction was incurred in federal court.
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