Presidential Pardons for Wildlife Violations
The attorneys at Feldmann Nagel, LLC can help you petition for a Presidential Pardon. The Presidential Pardon, in general, is a means of essentially wiping away a federal criminal conviction and at the same time eliminating any "civil disabilities" that may have resulted from the conviction. In the case of a criminal conviction for wildlife-related violations, a common form of civil disability is the temporary or permanent suspension of hunting privileges. It is important to note that a Presidential Pardon, although restorative in nature, does not expunge the record of conviction, and accordingly, a pardoned conviction must still be disclosed when required. That said, providing evidence of a pardon should significantly diminish any negative repercussions faced as a result of the conviction.
Not all criminal convictions may be relieved through Presidential Pardon. First, the conviction must have been handed down by a Federal Court as opposed to a State Court. Second, five years must have passed between the completion of any sentence imposed for the conviction and the date of application. This waiting period is meant to afford the petitioner ample opportunity to demonstrate they are a law-abiding citizen, responsible, and a productive member of society.
Persons seeking a Presidential Pardon for a wildlife-related violation must submit a lengthy petition to the Office of the Pardon Attorney with the United States Department of Justice. Pardon officials generally grant pardons as a sign of "forgiveness" for a crime, and accordingly evaluate petitions for signs that the petitioner has demonstrated true remorse for the crime committed, an acceptance of responsibility for their actions, and a transformation in attitude and behavior. In addition, pardon officials extensively investigate a petitioner's credit status, involvement in lawsuits, unpaid tax obligations, personal background, and the nature and extent of any post-conviction community service and engagement in charitable activities. The investigation may include interviews of friends, neighbors, character references. There should be no presumption of privacy throughout the investigation.
The President alone holds authority to grant or deny pardons. There is no hearing held on a petition for a pardon, nor is there an appeal process for denied petitions. Further, pardon officials do not generally disclose results of any of their investigations undertaken in the processing of a petition or reasons for approval or denial of any particular petition, and they do not disclose status of petitions during pendency. In other words, this is not a transparent process in any way and does not permit the same opportunities for persuasion, information and response in the way that normal court proceedings allow. If denied, a petitioner may submit a new petition for consideration two years from the date of denial.
According to United States Department of Justice records, President George H.W. Bush received 731 pardon petitions in fiscal years 1989-1993 and granted 74 of those petitions. President Bill Clinton received 2,001 pardon petitions in fiscal years 1993-2001 and granted 396 of those petitions. President George W. Bush received 2,498 pardon petitions in fiscal years 2001-2009 and granted 189 of those petitions.
Statistics clearly show that a petitioner must be realistic about the likelihood of receiving a Presidential Pardon. Though a very small number of submitted petitions receive favorable consideration by the President, hundreds of individuals have in fact been pardoned in the last ten years. Petitioners who are able to demonstrate true remorse for their crime and positive post-conviction contributions to society, as well as tolerance for a potentially pervasive investigation by the pardons office, are encouraged to aggressively seek this form of relief. Contact the attorneys at Feldmann Nagel, LLC today to discuss your options.
