Some pardons will be done faster and some will be done slower. Generally speaking the more serious your charge s the longer it will take. However some court houses and some police stations in Canada are more difficult to get information from than others. So where you were charged may also play a role in how long it takes. This cost includes court documents and fingerprinting services if you are able to visit one of our offices.
Additional costs include:. The truth is that no one has any control over the government agencies involved in preparing a pardon application. Therefore no one can do a pardon any faster simply because you pay more money. In March the Conservative government of Canada passed its omnibus crime bill, Bill C, which altered the Canadian pardon program. The new legislation included some procedural changes and some pardon eligibility requirements.
But as long as you are still able to apply for a record suspension, the result will be the same as it would if you applied for a pardon. NOTE: In order to keep things simple we will proceed using the word pardon as though a pardon and a record suspension are interchangeable.
Pardons are granted by the Parole Board of Canada. You must complete your sentence then meet specific eligibility criteria. Once you have determined that you meet the standards set by the Parole Board you must prepare the application.
There are three ways to do this. If you are looking for a company you can trust look no further. You will be speaking to a highly trained pardon and waiver specialist who will give you honest, up to date advice that is in your best interest.
View our pardon service fees. Call us: am — pm Monday to Friday. Applicants must meet specific eligibility requirements that are dependent on the status of the sentence that was given in court. The standard for judging conduct is somewhat subjective but it is essential that there has been no involvement whatsoever with the law. For example, if you have been charged with a crime but found not guilty in court, the Parole Board can use that charge to show the good conduct clause has not been met.
Even if you have only been questioned by the police it can be enough reason for the Parole Board to assume that you have not been of conduct.
If that happens, the Board will most likely refuse to grant your pardon. Peters, 43 Ohio St. But, the Ohio Supreme Court also has said that just because the governor grants someone a pardon, the pardon does not automatically entitle the person to have their criminal record sealed.
Boykin, Ohio St. Your application will be reviewed by the Parole Board. To be eligible to apply for commutation of sentence, a person must have reported to prison to begin serving his sentence and may not be challenging his conviction in the courts. It does not signify innocence. It does, however, remove civil disabilities — e.
It may also be helpful in obtaining licenses, bonding, or employment. Under some — but not all — circumstances, a pardon will eliminate the legal basis for removal or deportation from the United States.
Pursuant to the Rules Governing Petitions for Executive Clemency, which are available on this website, a person is not eligible to apply for a presidential pardon until a minimum of five years has elapsed since his release from any form of confinement imposed upon him as part of a sentence for his most recent criminal conviction, whether or not that is the conviction for which he is seeking the pardon.
Moreover, in accordance with the ruling by the federal court of the District of Columbia in Lardner v. Department of Justice, F. United States Department of Justice, No. Given the frequency of such requests, the Office of the Pardon Attorney has started to proactively disclose the names of persons who have been denied executive clemency by the President on our website, in accordance with our Freedom of Information Act obligations.
Please be aware that receiving a pardon for a military offense will not change the character of a military discharge. An upgrade or other change to a military discharge may only be accomplished by action of the appropriate military authorities. To apply for a review of a military discharge, you should write to the relevant military branch, at the address listed below:.
Notwithstanding this policy, the President always retains the plenary power granted to him by the Constitution to pardon or commute sentences, and does so at his sole discretion, guided when he sees fit by the advice of the Pardon Attorney. The Privacy Act of , 5 U. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register.
The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions.
The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Senior managers in the Office of the Pardon Attorney would only speak with or be interviewed by the media with the explicit approval of the Deputy Attorney General. The Office of Public Affairs is responsible for ensuring that the public and the media are informed about the Department's activities and about the priorities and policies of the Attorney General and the President with regard to law enforcement and legal affairs, including the Departments role in the executive clemency process.
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. Revocation Reviews - R 3.
Please check back periodically for updates and links. Please refresh or switch your web browser if the links are not working. What types of pardons are available? There are two 2 types of pardons:. Absolute Pardon. Certificate of Employability. A Certificate of Employability, also known statutorily as a Provisional Pardon or Certificate of Rehabilitation, is for employment and licensing purposes only. It is an official State document certifying that despite your criminal history, you should not be prevented from getting a job or a license and makes it illegal for an employer or prospective employer to deny employment based on your criminal history alone.
A Certificate of Employability does not expunge conviction s from your record. Am I eligible for an Absolute Pardon? That depends on how much time has passed since the conviction date for the Connecticut offense s you are asking to be pardoned.
Additionally, you cannot have any pending charges or other open cases in any jurisdiction state or federal, a nolle within the previous thirteen 13 months of your application and you cannot be on probation or parole. A nolle remains for a period of thirteen 13 months after the date of disposition by the court. What is an Expedited Pardon and how do I apply? How can I get a pardon application? Public libraries and job centers have computers with internet access for use by the public.
The site is also accessible on tablets and mobile devices. Do I need an attorney or other legal representation to apply for a pardon? Does having. You do not need a lawyer or any other representation to apply for a pardon. Having a lawyer will not accelerate the review of your application nor will the application be treated differently. All pardons applications, regardless of whether an applicant has an attorney, are processed in the same manner.
Is there a deadline date to apply? No, there is no deadline. However, you will have six 6 months to complete your application once you begin the online process. Pardons applications are processed on a first-come, first-served basis continuously throughout the year. What happens once I apply? Following receipt, staff will review your application to ensure its completeness and whether you meet the eligibility requirements. If you are not eligible or your application is incomplete, you will be notified via electronic correspondence.
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