Legal Definitions - executive pardon

An executive pardon is an act of forgiveness granted by an executive official, such as the President of the United States at the federal level or a state governor at the state level. This official act releases an individual from the legal penalties and consequences of a crime, effectively restoring their rights and wiping away the conviction. A pardon does not imply innocence but rather represents an official act of mercy and forgiveness by the state.

• Imagine a person, Sarah, who was convicted of a non-violent federal drug offense 20 years ago and served her time. Despite living a law-abiding life since then, her federal conviction still prevents her from holding certain professional licenses. The President, after reviewing her case and considering her rehabilitation and contributions to society, issues an executive pardon.

  This illustrates an executive pardon because the President (the chief executive of the federal government) uses their constitutional authority to forgive Sarah's federal crime, removing the lingering legal barriers she faced due to her conviction.

• Consider Mark, who was convicted of a minor felony theft charge in his state when he was 19 years old. He completed his sentence, paid restitution, and has since become a successful small business owner and community leader. Years later, the state's Governor, recognizing Mark's exemplary conduct and the disproportionate impact of the old conviction on his ability to participate fully in civic life (like serving on a jury), grants him a gubernatorial pardon.

  This is an executive pardon because the Governor (the chief executive of a state) exercises their power to forgive Mark's state-level crime, thereby restoring rights and removing the stigma associated with the conviction within that state's jurisdiction.

• During a period of social unrest decades ago, a group of activists was convicted of minor offenses related to peaceful protest, which were considered serious at the time but are now viewed differently. One activist, Emily, passed away years ago with her conviction still on her record. Decades later, a new Governor, seeking to acknowledge historical injustices and promote reconciliation, issues a posthumous pardon for Emily and others similarly convicted.

  This demonstrates an executive pardon because the Governor, acting as the state's chief executive, uses their authority to officially forgive past state-level convictions, even for individuals who are no longer living, recognizing a shift in societal values and the impact of those historical judgments.