Federal records and pardons

Most criminal records are state records, and this site covers state remedies. Federal convictions are different: they come from federal courts, and the rules for clearing them are set by federal law. This guide lists the official federal facts with the law for each, including presidential pardons, and links each state's own pardon process.

Federal convictions

• The laws on this site are state laws. They do not apply to a conviction in a federal court. Federal law has no general way to expunge or seal a federal conviction.

  Law: 18 U.S.C. 3607; 28 CFR 1.1-1.11

• Expungement of a federal conviction is rarely granted. It is a court remedy: to ask for it, contact the court that convicted you. The President and the Department of Justice cannot expunge a conviction.

  Law: DOJ Office of the Pardon Attorney, Frequently Asked Questions (updated Sept. 9, 2026)

• One narrow federal law helps some people found guilty of simple drug possession under 21 U.S.C. 844 who had no earlier federal or state drug conviction and had not used this law before. With your consent, the court may place you on probation for up to one year without entering a conviction, then dismiss the case. If you were under 21 at the time of the offense, the court must order the record expunged when you apply. The Department of Justice keeps a nonpublic record only so courts can check if you used this before. It applies only to offenses committed on or after November 1, 1987.

  Law: 18 U.S.C. 3607

• The main relief for a federal conviction is a presidential pardon. You apply to the Office of the Pardon Attorney at the U.S. Department of Justice. You do not need a lawyer. The form says you should live in the U.S. or its territories. For a general court-martial conviction, you apply to the military department that handled your case.

  Law: 28 CFR 1.1

• You should wait at least 5 years after release from prison before you apply. If you were not sent to prison, wait at least 5 years after the date of conviction. In general, you should not apply while on probation, parole or supervised release.

  Law: 28 CFR 1.2

• A pardon is forgiveness. It does not mean you are innocent and it does not erase the conviction. Your record will show both the conviction and the pardon. It removes legal limits caused by the conviction, such as on voting, holding state or local office or jury service, and may help with licenses, bonding or jobs.
• The President cannot pardon a state conviction. For a state conviction, contact your state's governor or pardon board. D.C. Superior Court convictions are the exception: only the President can grant clemency for D.C. Code offenses.

  Law: U.S. Const. art. II, sec. 2, cl. 1; U.S. Const. art. II, sec. 28 CFR 1.4

• Address: U.S. Department of Justice, Office of the Pardon Attorney, 950 Pennsylvania Avenue NW, Washington, DC 20530

  Law: 18 U.S.C. 3607; 28 CFR 1.1-1.11

Federal marijuana pardons

• On October 6, 2022 and December 22, 2023, President Biden pardoned many people for simple possession of marijuana under federal and D.C. law. These pardons do not cover state convictions.
• You committed, were charged with, or were convicted of simple possession, attempted simple possession, or use of marijuana on or before December 22, 2023. You are covered even if you were never charged.

Law: Proclamation 10467, 87 FR 61441 (Oct. 12, 2022); Proclamation 10688, 88 FR 90083 (Dec. 28, 2023)

More →

State pardons

A pardon for a state conviction comes from the state, not the President. Our 50 published state guides describe the state's pardon process where the state has one; the table after this guide links each state's official pardon page.

Your FBI record

• The FBI keeps a national record of arrests that were sent in with fingerprints. You can ask for your own copy to review it or to prove you have no record.

Law: 28 CFR 16.30-16.34

See how to get your own criminal record for the FBI record request.

State or federal: how to tell

Your court papers show which court handled your case. A federal case is in a United States District Court and has a federal case number. A state case is in a state court, such as a county, municipal, district, circuit or superior court of the state. Most cases are state cases. If you are not sure, the clerk of the court on your papers can tell you, and a legal aid office can help.

Questions to bring to legal aid

• Was my case in a federal court or a state court?
• Does a pardon or a state remedy fit my case better?
• What papers do I need for an application?
• How could a pardon or a cleared record affect a job, a license or immigration?

This is general information, not legal advice. Whether a record can be cleared depends on the whole record and the state's law; the court decides. A legal aid office can check your case for free, and each state page lists free help.