Federal Pardons

Federal pardons are available to any individual convicted of a Federal criminal offense. That is not to say that people convicted of particularly heinous crimes would have a chance of receiving a pardon, but many “white-collar” and other non-violent crimes may have a chance of receiving a pardon. The chances of having a Federal pardon granted vary greatly depending upon the crime, the amount of time since the commission of the crime, and even the President in office at the time of the request. For example, since the 1940’s each sitting President has received an average of 2,450 requests for pardons during his term, with an average of 710 of those requests being granted, an average of 29% per President. But the statistics vary greatly with individual Presidents from a high of 50% for Richard M. Nixon to a low of 10% for George H. W. Bush. (Please understand, however, that past results can not predict the outcome of your request.)

How does the pardon request process work? The first step is to contact your attorney to discuss the merits of your case and determine if you should proceed with your request. If your discussions with your attorney conclude that you have a reasonable chance of success, your attorney will begin the process of collecting information on your case. Please understand that this will be a very detailed examination of your case and your personal life.
After all of the background information is collected, your attorney will file the appropriate petitions with the Pardon Attorney representing the United States of America. His office will evaluate the merits of your request, perform more investigations based on the information in the petitions, then forward a recommendation to the President based on his findings. At this point, the president can choose to agree or disagree with those recommendations, and grant or deny a request based on his interpretation of the information at hand. This is the primary reason that accurate and careful preparation of your case is essential to improve your chances of success.

What are some other considerations for requesting a pardon? Specifically, you must wait five years from the completion of your sentence or five years from your sentencing date, if probation and/or fines were assigned but no prison term was required. Once the waiting period standard is met, the Pardon Attorney will consider your petition based on the following standards:
• Post-conviction conduct, character, and reputation - An individual's demonstrated ability to lead a responsible and productive life for a significant period after conviction or release from confinement is strong evidence of rehabilitation and worthiness for pardon.
• Seriousness and relative recentness of the offense - When an offense is very serious, a suitable length of time should have elapsed in order to avoid denigrating the seriousness of the offense or undermining the deterrent effect of the conviction. Victim impact may also be a relevant consideration. When an offense is very old and relatively minor, the equities may weigh more heavily in favor of forgiveness, provided the petitioner is otherwise a suitable candidate for pardon.
• Acceptance of responsibility, remorse, and atonement - The extent to which a petitioner has accepted responsibility for his or her criminal conduct and made restitution to its victims are important considerations. A petitioner should be genuinely desirous of forgiveness rather than vindication.
• Need for relief - The purpose for which pardon is sought may influence disposition of the petition. A felony conviction may result in a wide variety of legal disabilities under state or federal law, some of which can provide persuasive grounds for recommending a pardon.
• Official recommendations and reports - The comments and recommendations of concerned and knowledgeable officials, particularly the United States Attorney whose office prosecuted the case and the sentencing judge, are carefully considered.

How do we get started? The first step is to schedule a meeting with us to discuss the merits of your case. We like to set expectations with our clients, and give a honest appraisal of your chances, from our perspective. Please give us a call to discuss your case and begin the pardon process.

The Law Offices of Raymond Carignan, Chartered
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Toll-Free (866) 827-2525

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