Can individuals with felony convictions, including sex offenses, be pardoned by the President?

Checked on January 31, 2026
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Executive summary

The President of the United States has broad constitutional authority to grant pardons for federal offenses, including felony convictions and federal sex offenses, subject only to the exception for cases of impeachment and practical limits in effect; this power does not extend to state convictions, nor does a pardon erase or expunge the underlying criminal record [1] [2] [3]. Department of Justice practice imposes procedural rules and waiting periods for ordinary clemency applications, and even a full pardon may not restore every civil right or remove immigration consequences in all cases [4] [3] [5].

1. The constitutional baseline: what Article II actually gives the President

The Constitution expressly vests the President with the power to grant “reprieves and pardons for Offences against the United States, except in Cases of Impeachment,” a grant that federal legal scholarship and the Library of Congress say reaches all federal crimes and has been interpreted very broadly by courts and commentators [1] [2]. Historical and modern authorities reiterate that pardons can be issued before charge, after conviction, or even before trial, making timing flexible; legal commentators also note that early Supreme Court language that suggested a pardon “blots out” guilt has been nuanced by later cases that allow pardoned conduct to be considered in other proceedings [6] [7].

2. Federal felonies — including sex offenses — are within reach

Because the pardon power covers “offences against the United States,” presidents can grant clemency for federal felonies of all kinds, including federal sex offenses, subject only to the impeachment exception; legal guides and clemency overviews make clear that no categorical prohibition bars pardons for particular categories of federal crime [6] [2] [8]. Practical practice, however, matters: the Department of Justice’s Office of the Pardon Attorney manages applications and publishes guidance and records, and presidents typically follow—or choose to bypass—those routines when exercising clemency [3] [9].

3. Limits and practical consequences: record, rights, and deportation

A presidential pardon does not expunge or erase the conviction from one’s criminal record, and many civil disabilities or state-law consequences may remain unless separately addressed by state authorities; official DOJ guidance and state-by-state surveys emphasise that a federal pardon does not automatically restore all state-level civil rights such as voting or jury service [3] [10]. Immigration law is a special case: a full and unconditional presidential pardon can waive certain grounds for deportation under federal immigration statutes in some circumstances, but the effect is not absolute and depends on statutory text and agency interpretation [5].

4. Procedure, timing, and the Office of the Pardon Attorney

Department of Justice rules set an ordinary waiting period—commonly five years after completion of sentence—for applicants seeking a presidential pardon, and waivers of that waiting period are rarely granted; the DOJ also publishes application instructions and maintains case status tools, while presidents may issue mass proclamations or individual grants as seen in recent administrations [4] [9] [11]. Although applicants normally petition through the Office of the Pardon Attorney, the Constitution requires only the President’s action, and presidents have used proclamations and direct grants when they choose [6] [9].

5. Legal debates, optics, and political risk

Scholars and policy groups warn the pardon power can be a tool of mercy and correction of systemic injustice but also a mechanism for perceived or real abuse—especially when used selectively or for political allies—and recent controversies over last-minute and high-profile pardons have sharpened scrutiny of its limits and legitimacy [2] [12]. Courts have left some questions open—such as the precise scope of collateral consequences a pardon removes—and state-law heterogeneity means a federal pardon’s practical benefits can be uneven across jurisdictions [7] [10].

6. Bottom line

Constitutional text, federal practice, and DOJ guidance combine to show that presidents can pardon federal felony convictions, including federal sex offenses, but not state convictions; a pardon does not obliterate the criminal record, may not restore every civil right, can have complicated immigration effects, and is bounded chiefly by political and procedural realities rather than categorical legal prohibitions [1] [3] [5] [4].

Want to dive deeper?
Can a president pardon state-level felony convictions or only federal ones?
How does a presidential pardon affect immigration and deportation proceedings for non-citizens?
What rights and civil disabilities does a presidential pardon typically restore, and when do states still control restoration?