What crime cannot be pardoned by the President?

Asked by: Nat Turner  |  Last update: March 29, 2026
Score: 4.1/5 (46 votes)

Executive Clemency Powers The President of the United States may pardon anyone who commits a federal offense against the United States. They may also pardon anyone who commits a federal offense against the District of Columbia. The president cannot grant pardons for violations of state laws.

What can the president not pardon?

Limitations. Federal pardons issued by the president apply only to federal crimes; they do not apply to state or local crimes or to private civil lawsuits. Pardons for state crimes are handled by governors or a state pardon board.

Does a pardon clear all crimes?

A pardon is an act of clemency which restores a person's civil rights. The pardon does not expunge, remove, or reduce the crime(s) from the applicant's criminal history. It only notes the crime(s) has been pardoned.

What are the requirements for a presidential pardon?

Five Year Waiting Period. Under the Department of Justice's rules governing petitions for executive clemency, there is a minimum waiting period of five years after completion of sentence before anyone convicted of a federal offense becomes eligible to apply for a presidential pardon.

What limits are there on the pardon powers of the president?

There are no limits to how many people the President may pardon. President Franklin D. Roosevelt, for example, pardoned 2,819 individuals during his time in office – more than any other President. President Barack Obama pardoned 212 individuals during his time in office.

How Presidential Pardons Work | NBC News NOW

38 related questions found

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.

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.

Can the president expunge a criminal record?

Federal convictions cannot be expunged. However, you may apply for a Presidential Pardon.

How to get a Trump pardon?

To get a pardon from President Trump (or any President), you must file a formal petition with the U.S. Department of Justice's Office of the Pardon Attorney, detailing your federal conviction, demonstrating remorse, showing good conduct after your sentence (usually requiring a 5-year wait), and providing supporting documents like your presentence report, with a recommendation then going to the President, though applications for specific, recent proclamations (like Jan 6 or UCMJ) have separate, expedited processes.
 

Is a felon still a felon after a pardon?

No, a pardon doesn't erase your felony conviction from your record, but it forgives the crime, restores your rights, and signifies you've been rehabilitated, meaning you're no longer legally considered a felon for many purposes, though the conviction history remains, often noted with "pardon". It lifts punishments and civil disabilities (like voting, gun rights, jury duty) but doesn't expunge the record; for a clean slate, you often need a separate expungement, if eligible. 

Which President never pardoned?

The two U.S. presidents who never granted a pardon were William Henry Harrison, due to his death just a month into office, and James A. Garfield, who was assassinated early in his term, leaving neither president enough time to issue any. 

Can a person refuse a pardon from the president?

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.

What crimes cannot be pardoned?

The President of the United States may pardon anyone who commits a federal offense against the United States. They may also pardon anyone who commits a federal offense against the District of Columbia. The president cannot grant pardons for violations of state laws.

What criminal records can not be expunged?

Several types of offenses are automatically excluded from expungement eligibility in California:

  • Serious Sex Crimes Involving Minors. ...
  • Felonies That Resulted in Prison Time (Not Jail) ...
  • Crimes Related to Public Corruption. ...
  • Crimes Not Eligible Due to a Violation of Probation or Parole.

Can a president pardon someone before they are charged with a crime?

(recognizing that pardon may be granted either before legal proceedings are taken, or during their pendency, or after conviction and judgment ).

What black lady did Trump pardon?

The Black woman Donald Trump pardoned, and later appointed as his "Pardon Czar," is Alice Marie Johnson, a nonviolent drug offender who served over 21 years of a life sentence before Trump commuted her sentence in 2018 and granted her a full pardon in 2020, making her a key advocate for criminal justice reform within his administration. Her case gained national attention with support from Kim Kardashian and Kanye West, leading to her advocacy and subsequent role advising on clemency for others. 

What did Trump pardon Charles Kushner for?

Donald Trump pardoned Charles Kushner in December 2020, citing Kushner's record of "reform" and philanthropy, and arguing his past crimes (tax evasion, witness tampering, illegal campaign donations) were overshadowed by his charitable work, though critics saw it as rewarding allies and family. Kushner, the father of Trump's son-in-law Jared Kushner, had been convicted in 2005 and served time in prison, with the case prosecuted by then-U.S. Attorney Chris Christie, a future Trump advisor. 

Did Trump pardon Rudy Giuliani?

In April 2024, he was indicted on charges related to the 2020 election in Arizona. He was later disbarred in the state of New York in July, and in the District of Columbia in September. In November 2025, Trump pardoned Giuliani.

How many pardons did Bill Clinton give?

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. 

Are there limits to presidential pardons?

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 ).

What is the difference between a pardon and clemency?

Clemency is the broad power of an executive (like a President or Governor) to show mercy for a federal or state crime, while a pardon is a specific type of clemency that fully forgives the offense, erasing legal penalties and restoring rights, whereas other forms of clemency, like commutation, only reduce a sentence without forgiving the crime, and a reprieve only delays punishment. Think of clemency as the umbrella, and pardons, commutations, and reprieves as different tools under that umbrella.