Criminal charges can sometimes be tried at the state or federal level. For example, transporting illegal drugs within a state might result in state-level charges and a conviction in state court. However, in some circumstances, the federal government takes over jurisdiction and the charges can be tried at the federal level.
One potential way to clear a conviction from a person’s record is through a presidential pardon. The president has the authority to issue pardons for a wide range of offenses. But does this power apply to federal charges, state charges—or both?
Presidential pardons are for federal charges
When the president issues a pardon, it is generally limited to federal offenses. This authority is outlined in the U.S. Constitution, which states:
“The President . . . shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”
This means that, while the president can pardon many types of crimes, their power is restricted to offenses against the United States as a whole. State-level charges, which are considered crimes against a particular state, fall outside the president’s jurisdiction. Therefore, the president cannot clear state charges from a person’s record.
While a presidential pardon is not an option for state-level charges, it is still possible to seek a pardon. Many governors have the authority to grant pardons for state offenses. This process is entirely separate from seeking a presidential pardon, and understanding the difference is critical for those pursuing this option.
The effect of a pardon on your future
Receiving a pardon—at either the state or federal level—can have a significant impact on your future. It can open doors to better educational, employment and financial opportunities. If pursuing a pardon is of interest to you, be sure to understand the necessary legal steps to take.