C hief Justice Marshall of the U.S. Supreme Court defined a presidential pardon as "an act of grace, proceeding from the power entrusted with the execution of laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed." Indeed, the President's power to pardon is descended from authority that had been vested in English kings since at least the eighth century, and has been described as a power "exercised from time immemorial by the executive of that nation whose language is our language and to whose judicial institutions ours bear a close resemblance." The exercise of executive clemency is an extraordinary remedy, as several thousand petitions are submitted each year to the President and few are granted. This report briefly reviews the historical underpinnings of the text of the Pardon Clause of the U.S. Constitution before delving into the types of pardons the clemency power includes, when pardons may be issued, and how pardons are granted. The remainder of the report analyzes the effect of a presidential pardon on collateral consequences, which are generally considered the post-sentence civil penalties or disqualifications that flow from a federal conviction. Because full presidential pardons are not often granted, also discussed in the report are some alternative ways in which a former federal felon may have his or her civil rights restored and certain legal disabilities removed absent a pardon. Lastly, the report covers what role, if any, Congress may play in defining the scope of the pardon power and its effect on collateral consequences. Article II, Section 2, Clause 1 of the Constitution provides the following: "The President … shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." The language of the clause explicitly sets forth the limits of the federal pardon power. First, the pardon power is limited to "Offences against the United States," which prevents the President from intruding upon state criminal or civil proceedings. Second, the pardon power does not extend to "Cases of Impeachment," which prevents the President from interfering with Congress's power to impeach. The establishment of the pardon power in the Constitution was derived from English custom and the view of the Framers that "there may be instances where, though a man offends against the letter of the law … peculiar circumstances in his case may entitle him to mercy." Moreover, this power was properly vested in the President, according to Alexander Hamilton, as "it is not to be doubted that a single man of prudence and good sense, is better fitted, in delicate conjunctures, to balance the motives, which may plead for and against the remission of the punishment, than any numerous body whatever." In determining that the President should exercise the pardon power, the Framers further decided that minimal limitations should be placed on the power. For instance, the Framers rejected a proposal that the Senate have consent power over pardons, as well as Edmund Randolph's amendment that treason should be excepted from the pardon power. But for the limitations articulated in the Constitution, the President's authority to grant pardons for federal offenses is essentially unfettered. The clemency power conferred upon the President gives him "plenary authority … to 'forgive' the convicted person in part or entirely, to reduce a penalty in terms of a specified number of years, or to alter it with conditions which are in themselves constitutionally unobjectionable." There are five specific types of clemency recognized under American law: (1) pardon; (2) amnesty; (3) commutation, or the substitution of a milder punishment for the one imposed by the court; (4) remission of criminal fines and forfeiture; and (5) reprieve or the temporary postponement of punishment. Pardon and amnesty are the broadest forms of clemency, and carry virtually identical effects under American law. Commutations are occasionally referred to as conditional pardons, but they do not have the same legal effect of a full pardon. As described by one court: "'Pardon' exempts from punishment, bears no relation to term of punishment and must be accepted or it is nugatory; while 'commutation' merely substitutes lighter for heavier punishment, removes no stain, restores no privilege, and may be effected without consent and against the will of the prisoner." With the exception of the section " How Pardons Are Granted ," which includes a discussion of standards for commuting sentences, this report discusses only full pardons, which may be unconditional or have conditions attached, as mentioned below. The Supreme Court has stated that the pardon power "may be exercised at any time after [the commission of an offense], either before legal proceedings are taken, or during their pendency, or after conviction and judgment." Indeed, Presidents have exercised the pardon power quite freely, granting pardons to specific offenders for a broad range of crimes, some of which may stem from a series of related events. For example, President Jefferson pardoned all those convicted under the Alien and Sedition Acts. Presidents Lincoln and Johnson, after the Civil War, granted amnesty to anyone who assisted the Confederacy, on the condition that such recipients voluntarily take an oath to uphold the Constitution. In the modern era, President Ford issued a pardon to President Nixon "for all offenses … which he … has committed or may have committed or taken part in," precluding any prosecution of President Nixon related to the Watergate Scandal. Likewise, President George H. W. Bush granted "full, complete, and unconditional pardons" to several high-ranking officials who had either pleaded guilty, been convicted, or were facing trial for having made false statements to Congress in relation to the Iran-Contra affair. As a practical aid to the consideration of requests for presidential clemency, the Office of the Pardon Attorney within the Department of Justice (DOJ) is charged with accepting and reviewing applications for clemency, and preparing recommendations as to the appropriate disposition of applications. DOJ has issued regulations that set forth the process for persons "seeking executive clemency by pardon, reprieve, commutation of sentence, or remission of fine." The regulations provide that a petition for a pardon should not be filed "until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction." After a petition for executive clemency is received, the Pardon Attorney conducts an investigation by employing the services of appropriate governmental agencies such as the Federal Bureau of Investigation (FBI). Subsequently, the Pardon Attorney presents the petition and related material to the Attorney General via the Deputy Attorney General, along with a recommendation as to the proper disposition of the petition. From there, the Attorney General reviews the petition and all related information, and makes the final decision as to whether the petition merits approval or disapproval by the President. A written recommendation is submitted to the President. Notably, DOJ's regulations on considering pardon petitions do not appear to impose rigid restrictions on the Pardon Attorney, but, rather, are identified as being advisory in nature. Courts have stated that these regulations are "primarily intended for the internal guidance" of DOJ personnel. Moreover, the process established by the aforementioned regulations does not have any binding effect, does not create any legally enforceable rights in persons applying for clemency, and does not circumscribe the President's "plenary power under the Constitution to grant pardons and reprieves" to any individual he deems fit, irrespective of whether an application has been filed with the Office of the Pardon Attorney. DOJ has articulated its standards for reviewing pardon petitions. Factors taken into consideration include (1) post-conviction conduct, character, and reputation; (2) seriousness and relative recentness of the offense; (3) acceptance of responsibility, remorse and atonement; (4) need for relief; and (5) official recommendations and reports. With respect to reviewing petitions related to a commutation of sentence, DOJ's traditional position has been that it is an "extraordinary remedy that is rarely granted." Factors for commutation of sentence include "disparity or undue severity of sentence, critical illness or old age, and meritorious service rendered to the government by the petitioner, e.g., cooperation with investigative or prosecutive efforts that has not been adequately rewarded by other official action." Also taken into consideration is "the amount of time already served and the availability of other remedies (such as parole) are taken into account in deciding whether to recommend clemency." In April 2014, however, DOJ announced a new clemency initiative, where it announced six criteria the Department would consider when reviewing clemency applications for commutation of sentence. The Department announced that it would prioritize the clemency applications of federal inmates who meet the six factors. These factors are that the applicant (1) is currently serving a federal sentence in prison and, by operation of law, likely would have received a substantially lower sentence if convicted of the same offense(s) today; (2) is a nonviolent, low-level offender without significant ties to large-scale criminal organizations, gangs, or cartels; (3) has served at least 10 years of his or her prison sentence; (4) does not have a significant criminal history; (5) has demonstrated good conduct in prison; and (6) has no history of violence prior to or during his or her current term of imprisonment. An applicant who does not meet these criteria may still apply for commutation of sentence, but will be considered under the "standard principles" described above.