What Is a Pardon and Who Is Eligible? | Wichita Criminal Defense Lawyer

WICHITA, Kan., Sept. 2, 2025 /PRNewswire/ -- From celebrities to political insiders, presidential pardons have made headlines in recent months, sparking public debate and raising questions about how the process actually works. But beyond the news cycle, pardons are a powerful legal tool that can offer a second chance to individuals who've paid their debt to society. Whether you're navigating the aftermath of a conviction or simply curious about executive clemency, our Wichita criminal defense lawyers at the McConnell Law Firm are here to help make sense of it all. Discover the advantages of a pardon and find out who can apply!

What Is a Pardon?

A pardon is an act of executive clemency that forgives a criminal conviction, relieving an individual from some or all of the legal consequences of that offense. It is important to note that a pardon does not erase the conviction itself or imply innocence; rather, it reflects a determination that justice or public welfare is best served by forgiving the offense. Pardons may be granted at both the state and federal levels.

The President of the United States holds exclusive authority to issue pardons for federal crimes, as provided by Article II, Section 2 of the U.S. Constitution. At the federal level, the Office of the Pardon Attorney, within the U.S. Department of Justice, reviews applications and provides recommendations to the President. However, the President retains the authority to grant pardons outside this process at their discretion. For offenses under state law, the governor generally holds the power to issue pardons, subject to procedures established by that state's constitution and statutes.

"Pardons can range from commuting a sentence (meaning the individual is released early but the conviction remains on record) to full pardons, which can restore civil rights and remove various legal and financial penalties," said Jonathan W. McConnell, founding Wichita criminal defense lawyer at the McConnell Law Firm.

Understanding Eligibility Requirements

Any individual convicted of a crime may be eligible to apply for a pardon. However, the authority to grant such relief, and the criteria by which it is evaluated, vary between federal and state systems. The President's pardoning power applies solely to federal offenses and is not subject to legislative or judicial oversight. Similarly, a governor's authority to grant state pardons is generally outlined in the state constitution. While procedures may be in place to guide that power, they cannot substantially restrict it unless otherwise provided by law. Some important limitations include the following:

• Pardons cannot be granted before a conviction is entered.
• Municipal violations may fall outside the scope of state pardoning authority.
• In some jurisdictions, an individual may not be pardoned more than once for the same offense unless additional approvals are granted (by state supreme courts).

"Technically, anybody is eligible for a pardon," said McConnell. "States and the federal government have offices where you can apply, and a board will often review the case and make a recommendation. In recent years, we've also seen executives exercise their discretion more directly, issuing pardons without formal review, which is not a requirement."

Frequently Asked Questions (FAQs)

Do I need an attorney to apply for a pardon?
Legal representation is not required but is strongly advised. Partnering with an experienced Wichita criminal defense lawyer can improve your chances of success by ensuring that your application is properly prepared, supported by relevant documentation, and strategically framed for review.

How do I apply for a pardon?
At the federal level, applications are submitted to the Office of the Pardon Attorney. At the state level, procedures vary but typically involve submitting a petition to the governor's office or a designated clemency board. Each process requires careful attention to detail and may involve demonstrating rehabilitation, community involvement, and time elapsed since the conviction.

If my application is denied, can I reapply?
Yes. There is no mandatory waiting period at the federal level before reapplying. When submitting a subsequent application, it is important to highlight any new developments or changes in your circumstances since the original request.

Does a presidential pardon expunge my criminal record?
No. A pardon does not remove the conviction from your record. It simply forgives the offense. Both the conviction and the pardon will typically appear on a background check. If you are seeking expungement, that must be pursued through the judicial system, which operates independently of the executive clemency process.

Have You Been Accused?

Are you facing criminal charges? We encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting an experienced Wichita criminal defense lawyer about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of a Wichita criminal defense lawyer? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

jonathanwmcconnell.com

SOURCE McConnell Law Firm