Presidential Pardons are at 22 and counting under President Barack Obama as of November 2011. A Tampa Bay, Florida resident benefited from a “presidential pardon this week [and] called his earlier felony a “youthful indiscretion” that happened after he got mixed up in the wrong crowd.”
Florida Update 2020
Florida Clemency Board Blocks Pardons
As of July, 2020, “On July 1, there were 24,400 people waiting for a hearing before the Clemency Board. Wednesday’s agenda had just 82 cases.”
As of August 2020 , the clemency board had a backlog of more than 24,000 cases.
Pardon vs. Seal | Expunge
According to the United States Department of Justice (USDOJ) “[w]hile a presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen to some extent the stigma arising from a conviction, it will not erase or expunge the record of your conviction.
Free Florida Sealing and Expunge Web App
We have place a free Florida Sealing and Expunge Web App on SealMyFile.com. Check and See If You Are Eligible To Have Your Record Sealed Or Expunged. The contact The Law Office of Board Certified Criminal Trial Lawyer W.F. “Casey” Ebsary, Jr. at 813-222-2220.
Presidential Pardon Requirements
Federal Offense Only
“Under the Constitution, only federal criminal convictions, such as those adjudicated in the United States District Courts, may be pardoned by the President. ” Furthermore, “if you are seeking clemency for a state criminal conviction, you should not complete and submit [a Presidential Pardon] petition. Instead, you should contact the Governor or other appropriate authorities of the state where you reside or where the conviction occurred (such as the state board of pardons and paroles) to determine whether any relief is available to you under state law. ”
Five Year Waiting Period
“Under the Department’s rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction. “
When completing the application, “you should state the specific purpose for which you are seeking pardon and, if applicable, attach any relevant documentary evidence that indicates how a pardon will help you accomplish that purpose (such as citations to applicable provisions of state constitutions, statutes, or regulations, or copies of letters from appropriate officials of administrative agencies, professional associations, licensing authorities, etc.). In addition, you should bear in mind that a presidential pardon is ordinarily a sign of forgiveness and is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or release from confinement. ”
USDOJ Has Penalty for False Statements
“The failure to fully and accurately complete the application form may be construed as a falsification of the petition, which may provide a reason for denying your petition. In addition, the knowing and willful falsification of a document submitted to the government may subject you to criminal punishment, including up to five years’ imprisonment and a $250,000 fine. See 18 U.S.C. §§ 1001 and 3571.”
Pardon? Seal? Expunge? Call 813-222-2220