“The power to grant Pardons is one of the most profound authorities granted to the President of the United States. It embodies the basic belief in our democracy that people deserve a second chance after having made a mistake in their lives.” President Barack Obama (2015)

I. Federal Pardons

Investigative, Documentary, and Case-Development Support
Designed For Federal Pardons
A Federal Pardon Petition is more than just a stack of papers….

In fact, a Federal Pardon Petition is expected to be a persuasive submission that should present a complete, accurate, well-documented account of the offense, sentence, post-conviction conduct, rehabilitation, present circumstances, and the specific reasons executive clemency is warranted. The MPM Group assists clients and/or their counsel in developing the factual record behind that presentation.

Understanding a Federal Pardon

A Federal Pardon is an official act wherein the President of the United States (POTUS) grants legal “forgiveness” to an individual convicted of a federal crime. The authority is derived from the U.S. Constitution at Article II, Section 2 and represents the absolute power of the POTUS to grant total and complete legal relief from the consequences of a conviction for a federal crime. The POTUS’ Pardon authority is “plenary,” meaning it cannot be modified, restricted, or overturned by Congress or the federal courts.

Constitutional Foundations & Legal Precedents

The specific boundaries of this power are defined by U.S. Supreme Court (USSC) rulings:

Ex parte Garland (1866): The Court ruled that the pardon power is unlimited and can be exercised at any time after a crime is committed—either before legal charges are filed, during trial proceedings, or after final conviction. It restores the individual to “a new man” in the eyes of civil law.
Burdick v. United States (1915): This case established that a pardon is an “act of grace” that must be accepted by the recipient to take legal effect. The court noted that accepting a pardon carries a confession of guilt, meaning it does not imply factual innocence.
Ex Parte Grossman (1925): Clarified that the President’s power extends beyond standard statutory crimes to include cases of criminal contempt of court, further cementing the separation of executive mercy from judicial control.

What a Federal Pardon Can & Cannot Do?

A Pardon can provide important relief from the continuing consequences associated with a federal conviction and can serve as an official Act of Executive forgiveness.
A Pardon does not automatically seal or expunge federal court records.
A Pardon does not establish factual innocence.
The POTUS has the power to grant Pardons for federal crimes, “…except in Cases of Impeachment“.
Some collateral consequences are governed by separate federal or state laws and may require additional analysis.

Do You Need an Attorney to Apply for a Pardon?

No, you do not need an attorney to apply for a federal Pardon. The federal executive clemency process is intentionally designed by the U.S. government to be accessible to everyone and there are no application fees required to apply through the U.S. Department of Justice (DOJ) Office of the Pardon Attorney (OPA). Applicants may nevertheless seek an experienced and licensed attorney when the record is extensive, the offense history is complex, supporting documentation is expected to be difficult to obtain, or the applicant wants an independently developed factual record and a more structured presentation.

Basic Pardon Requirements

The OPA administers the DOJ clemency process. For a conventional pardon application after completion of sentence, several threshold considerations are especially important:

Federal Jurisdiction: Presidential clemency applies to federal offenses and certain District of Columbia offenses. State convictions ordinarily must be addressed through the applicable state clemency process.
Five-Year Waiting Period: DOJ regulations generally require at least five years after release from confinement before filing a pardon petition. If no confinement was imposed, the waiting period is generally measured from the relevant conviction/sentencing date under DOJ rules and instructions.

Note: While the baseline waiting period to apply for a federal Pardon is 5-years from the date of release from confinement, the OPA applies a strict Seven-Year waiting period for certain “serious” offenses, i.e.:

Violent crimes and crimes involving acts or threats of bodily harm;
Gun Control law violations and weapons trafficking;
Financial fraud or white-collar schemes involving substantial sums of money;
Drug distribution, manufacturing, or large-scale narcotics conspiracies;
Perjury, obstruction of justice, or violations of public trust involving dishonesty;
Any felony offenses tied to organized crime or racketeering (RICO).

Completion of Sentence: Applicants generally should have completed probation, parole, or supervised release and satisfied the sentence imposed before seeking a pardon.
Full Disclosure: The petition must be complete and candid. OPA will most likely investigate the applicant’s post-conviction life and may request additional information.

What the OPA Evaluates

DOJ guidance identifies post-conviction conduct, character, reputation, and the applicant’s demonstrated ability to lead a responsible and productive life as central considerations. Depending on the matter, the review may also consider:

Employment and financial stability;
Family responsibilities and community reputation;
Community service, charitable activity, or other meritorious conduct;
Military history, when applicable;
The seriousness and circumstances of the offense;
Acceptance of responsibility, remorse, and rehabilitation; and
The purpose for which the pardon is sought and the concrete need for relief.

Applying on Your Own

Applicants may use the OPA’s clemency portal and official forms contained therein.

If you choose to file without a lawyer, you can manage the application directly:

Access the forms: You can download or submit your petition directly online via the DOJ Apply for Clemency portal.
Get clarification: If you have questions while filling out the paperwork, you can email the Office of the Pardon Attorney directly at USPardon.Attorney@usdoj.gov. OPA also accepts updates while a case is pending and provides a public case-status search. OPA can clarify application requirements but does not provide legal advice.

Review the current DOJ pardon instructions and determine whether the requested relief is a pardon, commutation, or another form of executive clemency.
Assemble the complete conviction and sentencing history, including the relevant federal case information.
Prepare a candid account of the offense and the applicant’s conduct since conviction.
Gather documentation supporting rehabilitation, employment, education, community service, family responsibilities, and other relevant circumstances.
Select credible character references who can speak from personal knowledge.
Submit the petition through the method currently specified by OPA and retain a complete copy of everything submitted.
Continue to update OPA with material developments while the application remains pending.

Why Should/Do Some Applicants Consider Hiring an Attorney?

The principal value of professional legal assistance is not simply completing the government forms. Indeed, in a complex criminal case, the more difficult work is often reconstructing an old record, identifying gaps or factual inconsistencies, documenting rehabilitation, anticipating what a federal background investigation may uncover, and organizing the material into a coherent and credible case for executive mercy.

The OPM is not bound by strict judicial rules – therefore, hiring an experienced clemency attorney can have a direct impact the Applicant’s success for several distinct reasons such as:

Avoiding Automatic Rejection: A massive portion of pro se petitions are rejected immediately during initial screening due to missing paperwork, ineligible timelines, or incomplete certified court dispositions.
Framing the Narrative: The OPA will look heavily for clear evidence of rehabilitation, acceptance of responsibility, and community contribution. Attorneys are trained to structure these arguments objectively, whereas self-submitted petitions often focus too heavily on re-arguing the innocence of the original case, which the OPA traditionally dislikes.
Securing Robust Documentation: Attorneys, or their investigators, systematically gather formal character affidavits, employer references, and psychological evaluations that an individual might struggle to format or obtain independently.

Therefore, Applicants who have the more complex criminal cases might elect to hire a licensed and experienced federal defense attorney to maximize their chances of success. An experienced lawyer can assist, in part, by:

Building the Case: An experienced attorney can gather critical documentation, while tracking down old court records, and selecting strong character references.
Conduct an Independent Investigation: Conduct a post-conviction/incarceration investigation into the Applicant, citing all mitigating factors, that stress post-incarceration character conditions and circumstances that would convince the POTUS that the Applicant poses no threat to society, is rehabilitated, and is worthy of a Pardon.

Note: Preparing a Pardon Petition kicks off an independent and comprehensive federal background check – therefore, absolute honesty regarding your criminal history and post-conviction life is critical. Best the Applicant have their own investigation done first.

Drafting the Narrative: Helping write a compelling personal statement that clearly demonstrates rehabilitation, contributions to society and other necessary mitigating factors.
Finding Legal Precedents: Identifying and citing past, similar cases where the President historically granted clemency to individuals with similar offenses.
Presenting the Most Compelling Case: Ensuring that the case is properly researched, properly written and properly formatted while, at the same time, correctly navigating the many political “nuances” of the OPA Office.
Reference development: Identifying and organizing credible letters from employers, colleagues, community members, family, professionals, or others with relevant firsthand knowledge.
Narrative support: Helping counsel or the applicant develop a clear, fact-based account that is consistent with the underlying record.

Pre-submission review: Checking the entire Pardon Application package for completeness, internal consistency
Lastly, correct any unsupported claims and repair any documentary gaps before filing.

No Pardon Outcome Can be Guaranteed!

There are absolutely no guarantees that an Executive Pardon will be granted by the POTUS. However, if the Pardon Application is poorly researched, poorly supported by facts, and/or poorly written, the Applicant can be reasonably assured that the Application will be denied simply because of the apparent lack of any meaningful effort on the Applicant’s part.

“You get out of it what you put into it.” Earl Woods

Why The MPM Group?

Since 2007, The MPM Group, Inc. has provided expert investigative, litigation-support, and advocacy services in most matters requiring expert investigations, professional documentation, and legally acceptable fact development. MPM is a licensed, bonded, and insured SBA-certified Woman-Owned Small Business (WOSB). MPM’s personnel consist of mostly former DOJ federal law enforcement professionals as well as other experienced federal and state police investigators. MPM is recognized as Certified Legal Investigators (CLI) as well as National Association of Criminal Defense Attorneys (NACDL) Investigators. They are qualified 18B Panel Experts and are vetted and approved SAM and CJA contractors with the U.S. Government.

MPM maintains their cadre of experienced investigators to conduct myriad complex federal and state investigations for our Clients and do so both domestically and internationally. Although MPM almost exclusively focuses their litigation support and investigative expertise in non-attorney legal, and advocacy support services, select members of MPM’s former Series 811 Special Agents can be independently detailed to conduct Pardon, Direct Appeal and other related

investigations for MPM’s federally licensed and experienced contract staff attorneys on a case-by-case basis. As such, MPM Clients receive the complete legal support package that affords them the best possibility of a positive outcome in the Pardon Petition process as well as of their other complex federal investigations.

What a Client Can Expect

A defined scope of work tailored to the applicant’s record and legal objective.
A document-driven review rather than unsupported advocacy.
Clear identification of factual gaps, inconsistencies, and potential background issues.
Professional coordination with counsel when the engagement includes or requires legal services.
A final package designed for clarity, credibility, and ease of review.

. Pardon vs. Commutation of Sentence

The primary difference between a Presidential Pardon and a Presidential Commutation of Sentence is that a Pardon acts as an official “forgiveness” that completely removes any legal disabilities of the prior conviction whereas a Commutation merely reduces or eliminates the punishment while leaving the conviction intact. Both are distinct forms of Executive Clemency granted by the POTUS under Article II, Section 2 of the U.S. Constitution, but they serve different purposes and carry vastly different legal outcomes.

Key Considerations for a Commutation Petition

Federal sentence: OPA’s current application is directed to persons sentenced by a federal court. Separate procedures may apply to military matters.
Other available relief: DOJ regulations state that a commutation petition generally should not be filed while other judicial or administrative relief remains available, absent exceptional circumstances.
Current sentence and requested reduction: The petition should clearly identify the sentence being served and the specific relief requested.
Rehabilitation and institutional record: Educational achievement, work history, programming, disciplinary history, treatment, and other evidence may be relevant.
Sentencing context: A well-developed submission may address the original sentencing record, subsequent legal or policy developments, disparity or undue severity, and the applicant’s present circumstances.

Supporting Documentation

Depending on the case and availability of records, a commutation package may include:

Judgment and sentencing materials;
Relevant appellate or post-conviction decisions;
Bureau of Prisons records and program certificates;
Employment, education, counseling, treatment, or reentry documentation;
Disciplinary history and evidence of sustained rehabilitation;
Character references and family/community support; and
A release or reentry plan when the requested relief could result in earlier release.

How to Apply for a Presidential Commutation of Sentence

To apply for a federal Presidential Commutation of Sentence, you must submit a formal application through the same OPA within the DOJ. Again, the POTUS makes the final decision, but as with the Pardon, the OPA reviews and processes all requests first.

Step 1: Verify Your Eligibility

Federal Crimes Only: You can only apply if convicted of a federal crime, a military offense under the Uniform Code of Military Justice (UCMJ), or an offense in the D.C. Superior Court. You cannot apply for state crimes.

No Pending Appeals: You must exhaust all direct appeals and challenges to your conviction and sentence before applying.
Currently Serving Sentence: Commutations are typically reserved for individuals currently serving a prison sentence, on supervised release, or still paying a court-ordered fine.

Step 2: Download and Complete the Correct Form

Access the Application: Download the official “Petition for Commutation of Sentence” directly from the DOJ Office of the Pardon Attorney website.
Required Information: You must provide personal details, your federal inmate register number, complete offense history, sentencing details, and a thorough, honest explanation of why you are seeking a reduction.

Step 3: Gather Supporting Documentation

Sentencing Documents: Attach copies of your Judgment in a Criminal Case, any appellate court opinions, and pre-sentence investigation reports if available.
Evidence of Rehabilitation: Include certificates from prison educational programs, proof of employment while incarcerated, counseling records, and a clean disciplinary record.
Character Reference Letters: Gather letters from family, community members, prison staff, or employers verifying your character and rehabilitation.

Step 4: Submit the Application

Submission Methods: Mail the completed, signed, and notarized petition to the Office of the Pardon Attorney in Washington, D.C. or submit it digitally if the OPA portal allows.

Note: Title 18 U.S.C. § 4004, allows specific BOP administrative staff members inside a federal prison to administer oaths and take acknowledgments for inmates (Notary Services).

No Fee: There is absolutely no financial cost or application fee to apply for executive clemency.

MPM contract attorneys can assist the Applicant with the preparation and review of either a POTUS Pardon Petition or a proposed Commutation of Sentence submission.

If interested in any of our Pardon | Commutation Services

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