Pardon Me! Federal Pardon Resource Center: Step 2 - Offense(s) For Which Pardon is Sought

The Law Offices of Jerome P. Mullins: The California Criminal Law Observer: The Pardon Me! Resource Center:

Step 2 - Offenses for Which Pardon(s) is/are Sought

Only federal and military convictions are subject to presidential pardon since the federal pardon power does not extend to state offenses. Necessary information concerning the conviction may be obtained from the clerk of the federal court where you were convicted. The court will be one of the 94 courts in the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the territories of Guam, the United States Virgin Islands, and the Northern Mariana Islands. You should include its complete, current mailing address. If the location of the court has changed since the time of the offense, you should contact the court and determine where the records of your court case are kept.

Military Offenses

If you are requesting pardon of a military offense only (no civilian federal convictions), before your application goes on to the President, it must be subjected to a screening by the military department which had original jurisdiction in your case. For example, one of the following offices of the three main branches of the military would screen your application before it goes on to the President's delegated pardon official. These offices do not maintain your military records, so do not call them for that purpose. See my notes in the Military Record section of the workbook for information about records.

United States Air Force

Attn: Office of Clemency, Corrections and Officer Review
Air Force Legal Services Agency/JAJR
Department of the United States Air Force
112 Luke Avenue (Suite 343)
Bolling Air Force Base, District of Columbia 20332-8000
(202) 404-8830

United States Army

Attn: Criminal Law Division
The Judge Advocate General
Department of the United States Army
2200 Army Pentagon
Washington, D.C. 20310-2200
(703) 695-1891

United States Navy and Marine Corps

Attn: Navy Appellate Review Activity (Code 40)
Building 111, Washington Navy Yard
Washington, D.C. 20374-1111
(202) 433-4647 or 4651

This is yet one more reason for exerting the utmost care in preparing for the pardon process by gathering all pertinent information concerning your court-martial trial and conviction. You are totally responsible for the accuracy and completeness of your application. If you need assistance with obtaining the records of your military service, see my notes regarding the workbook section Military Record.

Note: A pardon of a military offense will not change the character of a military discharge. This may be accomplished only by appropriate military authorities.

Here are the questions you must answer for the Offense section of your workbook:

Plea

You were convicted on a plea of guilty, no contest ("nolo contendere"), not guilty.

Court (For example, Northern District of California)

district
city and state

Crime (Describe Specific Offense)

Date of Sentencing (Date of Final Judgment)

Sentence Imposed

imprisonment
probation
fine
restitution (made or not made)
age at time crime committed.

Service of Sentence

began service of sentence imprisonment/probation on (date)
released on (date)
released from (federal institution)
finally discharged by expiration of sentence on (date)
if fine, restitution, assessments or costs were not paid in full, explain why:

Appeal(s)

Did you appeal the conviction?

If appealed, please provide date of decision(s) by Court of Appeals and, if applicable, the Supreme Court. Please also provide citations to any published judicial opinion(s0 or a copy of unpublished opinion(s).

Account of Offense

Give a complete and detailed account of the offense, including:

dates (or time span) of offense

names of codefendants and, when applicable,

amount of money involved.

You are expected to describe the factual basis of your offense completely and accurately and not rely on criminal code citations or name references only. If your conviction resulted from plea agreement, you should describe fully the extent of your total involvement in the criminal transaction(s), in addition to charge(s) to which you pled guilty. (Attach separate sheet if necessary.)

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Please note that the materials included in this page and all of its subpages are intended to be general information only and are not provided in the course of an attorney-client relationship nor do they constitute legal advice. They are not intended to be a substitute for obtaining legal advice from your own legal counsel.

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