This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
North Dakota USLegal Pamphlet on Pardons or Clemency
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FAQ
The Governor can't pardon convictions from other state or federal courts. If you have more than one felony conviction, the Governor can't grant a pardon without the approval of the California Supreme Court. Governors are not required to consider a pardon.
Clemency is a general term used for the act of reducing the penalties of a crime, similar to a commutation. Also, pardons are actually considered a form of clemency. If you receive a pardon, you are always receiving clemency, but if you receive clemency, you are not always receiving a pardon.
The president of the United States is authorized by the U.S. Constitution to grant a pardon for a federal crime. The other forms of the clemency power of the president are commutation of sentence, remission of fine or restitution, and reprieve.
The pardon power of the president is based on Article II, Section 2, Clause 1 of the U.S. Constitution, which provides: The President ... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment.
The Constitution grants the President the power to pardon individuals for federal crimes committed. The pardon power is fairly broad and hasn't seen many tests in the Supreme Court, but there are some limitations. For example, the President may not issue pardons in the event of impeachment.
If you are interested in getting records of a misdemeanor sealed, you must go three years without a new criminal charge. The three year waiting period begins after probation, parole, or incarceration ends. After the three year period, you can request expungement. For felonies, that period is five years.
U.S. Const. art. II, § 2, cl. 1; see Garland, 71 U.S. at 373 (acknowleding that the President's authority to grant pardons is subject to the exception of cases of impeachment and that [w]ith that exception the power is unlimited ).
At the federal level, clemency refers to the United States President's constitutional authority to grant leniency to those who've been convicted of federal crimes.
