Can a person refuse a presidential pardon?
Asked by: Gladyce Christiansen PhD | Last update: April 16, 2026Score: 4.6/5 (53 votes)
Yes, a person can absolutely refuse a presidential pardon, as the Supreme Court affirmed in Burdick v. United States (1915), because a pardon requires acceptance and is considered a "private act of grace" that isn't complete until delivered and received, meaning it can be rejected to preserve other rights, like the Fifth Amendment right against self-incrimination. Refusal is rare but can happen if the recipient feels the pardon implies guilt or if it comes with conditions they object to, as seen in cases like George Burdick and more recently, Pamela Hemphill.
Can a presidential pardon be denied?
In United States v. Wilson (1833), the U.S. Supreme Court held that a pardon can be rejected by the intended recipient and must be affirmatively accepted to be officially recognized by the courts. In that case, George Wilson was convicted of robbing the US Mail and was sentenced to death.
Has anyone refused a presidential pardon?
Yes, people have refused presidential pardons, though it's rare, with historical examples including George Burdick (Woodrow Wilson) and George Wilson (Andrew Jackson), and more recently, January 6th defendants like Pamela Hemphill and Jason Riddle, who rejected pardons from President Trump, feeling they were not victims and didn't want to rewrite history or contribute to false narratives. Refusal is a constitutional right, established by Supreme Court rulings, allowing individuals to decline clemency if they choose not to accept conditions or admit guilt, as a pardon is considered a "deed" requiring acceptance.
Do you have to request a presidential pardon?
The President is not bound by the OPA's recommendations and can issue a pardon at any time, even without a formal application. A pardon does not erase the conviction but serves as official forgiveness. It restores rights such as voting, firearm ownership, and the ability to hold public office.
Can you not accept pardon?
United States v. Wilson (1833) established that it is possible to reject a (conditional) pardon, even for a capital sentence. Burdick affirmed that the same principle extends to unconditional pardons.
Can a Person Refuse a Presidential Pardon?
Did Donald Trump pardon anyone?
Among the most prominent far-right leaders granted clemency by Trump were Enrique Tarrio of the Proud Boys (Trump granted him a pardon, eliminating his 22-year sentence for seditious conspiracy) and Stewart Rhodes (Trump commuted his 18-year sentence to time served); both were immediately released from federal prison.
Can Congress overturn a presidential pardon?
Once a court acquits a defendant, the defendant can't be prosecuted for that crime again. The president has some unique powers too. Including the sole, final authority to grant pardons, which cannot be reviewed or repealed by Congress or the courts.
What does the Constitution say about presidential pardons?
Article II, Section 2 of the United States Constitution states that the President has the authority to “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” The United States Supreme Court has interpreted this power as “plenary,” meaning that is considerably broad and not ...
How many pardons did Barack Obama hand out?
Of the acts of clemency, 1,715 were commutations (including 504 life sentences) and 212 were pardons. Most individuals granted executive clemency by Obama had been convicted on drug charges, and had received lengthy and sometimes mandatory sentences at the height of the war on drugs.
Who is the Trump supporter refusing pardon?
Hemphill is noted for changing her mind on Donald Trump during her time in prison and afterward, supporting Joe Biden and voting for Kamala Harris in the 2024 presidential election, as well as for her refusal of Trump's presidential pardon in 2025.
Are you still considered a felon after a presidential pardon?
The Supreme Court's decision in Carlesi v. New York (1914) clarified that pardons do not erase a criminal's record. Courts may still consider a prior offense for which the convicted received a pardon in a subsequent conviction. A jury found Frank Carlesi guilty of forgery in the second degree.
Why did George Wilson refuse the pardon?
An official report stated Wilson chose to “waive and decline any advantage or protection which might be supposed to arise from the pardon . . . “ Wilson also stated he “ . . . had nothing to say, and did not wish in any manner to avail himself in order to avoid sentence.”
Can the President pardon someone who has not been charged?
Given these considerations, while the Constitution does not explicitly limit the President's pardon power to only those charged or convicted, the practical application and historical interpretation limit it to such cases.
Why did Barack Obama pardon so many people?
President Obama pardoned and commuted many sentences, particularly near the end of his term, to address the harsh, outdated sentencing laws, especially for nonviolent drug offenses, aiming for a fairer, smarter criminal justice system, and to provide second chances to rehabilitated individuals, using clemency as a tool while urging Congress for broader reforms. His actions aimed to correct disparities, reduce prison overcrowding, and encourage states to follow suit with reforms.
Does the Supreme Court have to approve pardons?
The Governor cannot grant pardons to applicants with more than one felony conviction without the approval of the California Supreme Court. The Governor's Office requests this approval if needed.
How many pardons did Bill Clinton give out?
President Bill Clinton granted pardons or commutations to 459 people during his two terms, with a significant number, around 140, issued in a controversial batch on his final day in office in January 2001, bringing his total to a higher number than recent predecessors.
What is the difference between a pardon and clemency?
Clemency is the broad umbrella term for mercy from a criminal conviction, while a pardon is a specific type of clemency that forgives the offense, wiping out most legal consequences and restoring rights, whereas other clemency forms like commutation only reduce the punishment (like sentence length) without forgiving the crime, leaving the conviction on the record. Think of it this way: all pardons are clemency, but not all clemency is a pardon.
What happens after a presidential pardon?
Similarly, the OLC has opined that a presidential pardon removes “the punitive legal consequences that would otherwise flow from conviction for the pardoned offense,” but it “does not erase the conviction as a historical fact or justify the fiction that the pardoned individual did not engage in criminal conduct” and “ ...
Has Donald Trump pardoned anyone?
Trump issued a total of 144 pardons during his first four years in office: 1 in 2017, 6 in 2018, 11 in 2019, 52 in 2020, and 74 in January 2021.
Can a presidential pardoned felon own a firearm?
Only the President of the United States can grant a pardon for a federal felony, which can restore the right to own firearms. The pardon does not erase the conviction but can lift certain civil restrictions associated with it, including gun rights.
Can a citizen refuse a presidential pardon?
6, 2021, on his first day back in the Oval Office. Two of those convicted Jan. 6 rioters declined to accept the presidential pardon. Northeastern University law experts say that a presidential pardon can not only be refused, but it may be practical for some recipients to do so.
Can we get rid of presidential pardons?
Reed, 419 U.S. 256, 266 (1974) ( [T]he power [of clemency] flows from the Constitution alone, not from any legislative enactments, and . . . it cannot be modified, abridged, or diminished by the Congress. ).
Who cannot be pardoned?
There is a strong consensus among legal experts that a president cannot pardon someone for a state offense, as the Constitution notes “offenses against the United States.” In other words, state law enforcement authorities could review any criminal allegations, without presidential intervention, to determine if they ...
What does Article 72 of the Constitution deal with?
Article 72 empowers the President the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.