Presidential Pardons Under Scrutiny
In recent months, the presidential pardon has been a major topic of debate. Both President Biden and President Trump issued controversial pardons—Biden granted clemency to close family members, while Trump pardoned individuals involved in the events of January 6, 2021.
While media coverage has focused on who received pardons, little attention has been given to how the process works. That changed on March 7, 2025, when President Trump fired Pardon Attorney Liz Oyer, the official overseeing federal pardon applications at the Department of Justice (DOJ).
The pardon process is notoriously opaque and highly selective. The question remains: Will this lead to real change?
How the Presidential Pardon Process Works
Normally (notwithstanding the recent, headline-grabbing pardons), the presidential pardon process follows a lengthy and secretive review system managed by the Office of the Pardon Attorney within the Department of Justice (DOJ). While the President of the United States has the constitutional authority to grant pardons at their discretion, most applications go through a prolonged bureaucratic process before reaching the President’s desk.
Step 1: The Pardon Application
Anyone convicted of a federal or military crime can apply for a presidential pardon by submitting a formal application.
Civilian applicants send the completed application directly to the Office of the Pardon Attorney at the DOJ. Military applicants first submit the application to the relevant military branch. It is then forwarded to the Pardon Office
A pardon application is extensive, requiring:
- A full disclosure of all criminal history, including federal and state offenses, even those unrelated to the pardon request.
- A detailed employment and education history, showing rehabilitation and professional stability.
- Evidence of community service and character references, demonstrating a commitment to positive contributions to society.
Once submitted, the applicant has no further involvement in the process—there are no hearings, no advocacy opportunities, and no way to track progress.
Step 2: DOJ Review and Background Checks
The DOJ conducts a comprehensive review of every pardon application, which includes:
- A deep dive into the applicant’s criminal history—even minor offenses are considered.
- A review of financial and legal standing, including unpaid fines, restitution, or pending lawsuits.
- An assessment of rehabilitation, based on employment, education, and community involvement.
Step 3: Recommendation to the President
After the DOJ review, the Pardon Attorney submits a recommendation to the President, supporting or opposing the pardon request. However, the President is not required to follow this recommendation and can choose to approve or deny pardons at their discretion.
Step 4: Final Decision and Notification
Most pardon applications take years to get to the final step of the process, which is the President’s decision:
- If granted, the pardon is issued, and the applicant’s record is cleared of the federal conviction.
- If denied, the applicant is simply notified of the rejection—without any explanation or feedback.
Applicants who are denied must wait years before reapplying and are given no insight into how they might improve their chances in the future.
This lack of transparency has led to widespread criticism of the presidential pardon process and growing calls for reform.
Needed Reforms for the Presidential Pardon Process
For an administration that prides itself on transparency and commitment to reform, the recent firing of the Pardon Attorney presents a critical opportunity to fix the flaws in the presidential pardon process.
Attorneys at Federal Practice Group have worked closely with pardon applicants and have seen firsthand how the current system fails many deserving individuals. Based on our experience, several key improvements could make the process more transparent, fair, and efficient.
Increase Applicant Involvement
Currently, a pardon applicant’s role ends the moment they submit their application. They have no opportunity to present their case in person, provide additional context, or respond to concerns raised by the Office of the Pardon Attorney.
To level the playing field, applicants should be given a chance to personally advocate for their case—just as individuals with direct access to the President can.
Improve Transparency in Decision-Making
One of the biggest flaws in the system is the lack of communication with applicants. When a pardon is denied, the applicant is simply notified of the decision without any explanation.
This means:
- Applicants don’t know why they were rejected
- They have no guidance on how to improve their application
- The decision-making process remains completely secretive
To fix this, the Pardon Office should provide written explanations for denials, giving applicants clear feedback on how they can strengthen future applications.
A Path Toward a Fairer Pardon Process
By allowing applicants to be more involved in their cases and increasing transparency, the presidential pardon process can become more just and accessible. These changes would ensure that all applicants—regardless of political connections—are treated fairly and have a real opportunity to seek clemency.
For those navigating the complexities of the presidential pardon system, having an experienced legal team can make all the difference. Federal Practice Group continues to advocate for reforms and guide clients through the pardon process, helping them present the strongest possible case for clemency.
Take the Next Step Toward Justice
If you or a loved one is navigating the presidential pardon process, you don’t have to do it alone. Federal Practice Group has extensive experience helping applicants build strong cases for clemency and guiding them through this complex system.
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