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In reply to the discussion: Federal Judge Hints She Might Not Toss Arpaio's Conviction Even After Trump Pardon [View all]Princess Turandot
(4,787 posts)13. Some pertinent info from the DOJ's 'Office of the Pardon Attorney' FAQs...
The judge is under no obligation to expunge a conviction; according to the DOJ, that is rarely done.
Does a presidential pardon expunge or erase the conviction for which the pardon was granted?
No. Expungement is a judicial remedy that is rarely granted by the court and cannot be granted within the Department of Justice or by the President. Please also be aware that if you were to be granted a presidential pardon, the pardoned offense would not be removed from your criminal record. Instead, both the federal conviction as well as the pardon would both appear on your record. However, a pardon will facilitate removal of legal disabilities imposed because of the conviction, and should lessen to some extent the stigma arising from the conviction. In addition, a pardon may be helpful in obtaining licenses, bonding, or employment. If you are seeking expungement of a federal offense, please contact the court of conviction....To pursue relief of a state conviction, you should contact the Governor or state Attorney General in the state in which you were convicted for assistance.
No. Expungement is a judicial remedy that is rarely granted by the court and cannot be granted within the Department of Justice or by the President. Please also be aware that if you were to be granted a presidential pardon, the pardoned offense would not be removed from your criminal record. Instead, both the federal conviction as well as the pardon would both appear on your record. However, a pardon will facilitate removal of legal disabilities imposed because of the conviction, and should lessen to some extent the stigma arising from the conviction. In addition, a pardon may be helpful in obtaining licenses, bonding, or employment. If you are seeking expungement of a federal offense, please contact the court of conviction....To pursue relief of a state conviction, you should contact the Governor or state Attorney General in the state in which you were convicted for assistance.
What is the difference between a commutation of sentence and a pardon?
A pardon is an expression of the Presidents forgiveness and ordinarily is granted in recognition of the applicants acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence. It does, however, remove civil disabilities e.g., restrictions on the right to vote, hold state or local office, or sit on a jury imposed because of the conviction for which pardon is sought, and should lessen the stigma arising from the conviction. It may also be helpful in obtaining licenses, bonding, or employment. Under some but not all circumstances, a pardon will eliminate the legal basis for removal or deportation from the United States. Pursuant to the Rules Governing Petitions for Executive Clemency, which are available on this website, a person is not eligible to apply for a presidential pardon until a minimum of five years has elapsed since his release from any form of confinement imposed upon him as part of a sentence for his most recent criminal conviction, whether or not that is the conviction for which he is seeking the pardon.
NB: (Definition of 'commutation omitted by me for brevity.)
A pardon is an expression of the Presidents forgiveness and ordinarily is granted in recognition of the applicants acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence. It does, however, remove civil disabilities e.g., restrictions on the right to vote, hold state or local office, or sit on a jury imposed because of the conviction for which pardon is sought, and should lessen the stigma arising from the conviction. It may also be helpful in obtaining licenses, bonding, or employment. Under some but not all circumstances, a pardon will eliminate the legal basis for removal or deportation from the United States. Pursuant to the Rules Governing Petitions for Executive Clemency, which are available on this website, a person is not eligible to apply for a presidential pardon until a minimum of five years has elapsed since his release from any form of confinement imposed upon him as part of a sentence for his most recent criminal conviction, whether or not that is the conviction for which he is seeking the pardon.
NB: (Definition of 'commutation omitted by me for brevity.)
Is a presidential pardon the only way a person convicted of a federal felony offense may regain his right to bear arms?
Yes. At present, a presidential pardon is the only means by which a person convicted of a federal felony offense may obtain relief from federal firearms disabilities. Under Supreme Court case law interpreting federal firearms laws, a state restoration of civil rights does not remove the federal firearm disability that arises from a federal felony conviction....
....at this time a presidential pardon is the only means by which a person convicted of a federal felony may obtain this relief.
Yes. At present, a presidential pardon is the only means by which a person convicted of a federal felony offense may obtain relief from federal firearms disabilities. Under Supreme Court case law interpreting federal firearms laws, a state restoration of civil rights does not remove the federal firearm disability that arises from a federal felony conviction....
....at this time a presidential pardon is the only means by which a person convicted of a federal felony may obtain this relief.
https://www.justice.gov/pardon/frequently-asked-questions-concerning-executive-clemency
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Federal Judge Hints She Might Not Toss Arpaio's Conviction Even After Trump Pardon [View all]
DonViejo
Sep 2017
OP
I read somewhere that they're trying to expunge this whole Affair to Shield him from civil suits
Hassin Bin Sober
Sep 2017
#8
While Nixon arguably couldn't be charged and convicted of a crime while in office...
yallerdawg
Sep 2017
#4
Some pertinent info from the DOJ's 'Office of the Pardon Attorney' FAQs...
Princess Turandot
Sep 2017
#13