Pardons 101

The US Constitution grants the President the right to issue pardons, but what is a pardon? What does it mean to receive a pardon from the President, and how can it undo the damage of a weaponized justice system?

A pardon is one form of "clemency" the President can grant. Clemency comes from the root word "mercy" and traditionally pardons were/are issued as an act of mercy to those who had been guilty of an offense.

In fact, throughout history, there are those Americans who have refused a Presidential pardon because they did not want to be perceived as guilty by accepting a pardon. Receiving a presidential pardon does not erase the crime, nor expunge the criminal record of the pardoned individual. It is instead a "forgiveness" for the crime based on the President's authority.

This forgiveness can be based on a miscarriage of justice needing rectified. It can be based on a need for relief from undue suffering as punishment for a crim. It can also be based on the genuine innocence of a pardonee, when our justice system gets it wrong, wrongly convicting and sentencing innocent people.

There are, however, different types of pardons, including the historic pardon of innocence given to Gen. Michael Flynn. Here's a breakdown on the types of pardons a president can issue.

Pardon of Innocence

As we saw with President Trump's pardon of Gen. Flynn, the President can use his pardon powers to not only grant clemency for a conviction or charge, but also to assert the innocence of someone wrongfully accused and convicted. The language in a Pardon of Innocence clearly lays out the reason for the President to assert the innocence of the pardonee, and it becomes a matter of historical record. In addition to the restoration of freedom and liberties, the pardon of innocence is an official government statement declaring one's innocence for all time.

At the state level, pardons of innocence are common, and they often include an expungement of the state criminal record. At the federal level, expungement has not been used, but the President has broad powers in this area.

Traditional Pardon of Mercy

Most pardons are actually pardons of mercy, granted to individuals who have suffered too much for whatever crime they are being pardoned for. A Pardon of Mercy does not declare one innocent, but it may offer a justification for the crime, or a rebuke of unduly harsh punishment. While it grants the same legal rights as a full and unconditional pardon given as a pardon of innocence, it does not remove guilt for the offense. Rather a pardon of mercy says that a pardonee is in fact guilty, but they do not deserve to be punished for this crime for reasons enumerated in the pardon.

Pardons are often titled a "Full and Unconditional Pardon". Full meaning that it pardons not only current charges, but any future charges related to the pardoned offense. An "Absolute and Unconditional Pardon" does not prevent future charges from being issued. By using these types of pardons, the President can ensure justice is served both now, and into the future.

The term unconditional refers to there being no conditions to be met by the pardonee in order to receive the pardon. Conditional pardons may include stipulated conditions such as joining AA for a drunk driving offense.

Pardons can be granted to individuals by the President, but they can also be granted to groups of people. An example is the pardon that President Carter granted to draft dodgers from the Vietnam War. This kind of group pardon is called a Proclamation Pardon, and is granted to any individual who meets the criteria stipulated by the President in the Pardon Proclamation.

All pardons are processed through the US Pardon Attorney's office, which is a sub agency under the Attorney General's office. This agency both processes and issues documentation to pardonees for pardons granted from the President, and processes requests for presidential clemency from convicts.

When the J6 Pardon Project was launched in 2024, a pardon applicant was required to have been released for 5 years before they could apply for a pardon. This policy has changed under President Trump, in part due to our efforts to educate the public on the pardon process. We are very proud to have played a role in making this necessary change.

A Presidential pardon can restore all federal rights of a convicted person who has received a pardon but each state may have their own unique laws that impact a pardonee even after receiving the pardon. A governor must issue any pardon for state crimes or any forgiveness from state laws governing ex-convicts.

If you have questions about how to obtain a pardon, how a pardon may affect you or a loved one, or any other questions regarding the pardon process, please feel free to send us a message on our Contact Page.