disabilities from responsible agency officials.
OPA Federal Summary,
parts IIC and III,
II. Discretionary Restoration Mechanisms:
A. Executive pardon:
: Exclusively in President, cannot be limited or regulated by Congress. U.S.Const. Art. II, sec. 2. By Executive Order, Attorney General is charged withproviding advice on pardon policy and investigating and making recommendations onall applications for pardon and commutation.
28 C.F.R. Part 1.
: Five years after completion of sentence, beginning upon release fromprison, or date of sentencing if not incarcerated. Waiver possible. Ordinarily musthave completed parole. 28 C.F.R. Part 1. Offenders whose convictions wereprosecuted under the Uniform Code of Military Justice are eligible to apply for apresidential pardon, as are D.C. Code offenders.
: A pardon “in no way reverses the legal conclusion of the courts; it “’does notblot out guilt or expunge a judgment of conviction.’”
Hirschberg v. CommodityFutures Trading Com'n
, 414 F. 2d 679, 682 (7
In re North,
62F.3d 1434, 1437 (D.C.Cir.1994). S
ee also Nixon v. United States,
506 U.S. 224, 232(1993) (“a pardon is in no sense an overturning of a judgment of conviction by someother tribunal”);
Burdick v. United States,
236 U.S. 79, 94 (1915) (a pardon “carriesan imputation of guilt”). The effect of a presidential pardon is not to prohibit allconsequences of a pardoned conviction, but rather to preclude future punishment forthe conviction.
506 U.S. at 232;
Bjerkan v. United States,
529 F.2d 125,127-28 (7th Cir.1975). Thus a pardon relieves legal disabilities arising under state orfederal law solely by virtue of the conviction, but it does not preclude adverse actiontaken on the basis of the conduct underlying the conviction.
Effects of aPresidential Pardon, 19 Op. Off. Legal Counsel No. 160, 1995 WL 861618 (June 19,1995). In this regard, a pardon may be taken as evidence of rehabilitation and goodcharacter.
: Application to Office of the Pardon Attorney (OPA), U.S. Department of Justice, on a form provided by that office.
http://www.usdoj.gov/pardon/pardon_petition.htm. Investigation by OPA, which inmeritorious cases will include an FBI background investigation and inquiry to U.S.Attorney and sentencing judge, recommendation through Deputy Attorney General toPresident. No formal hearing. Official pardon recommendations and OPA advice to