A presidential pardon removes all legal punishment associated with a federal criminal offense. In many cases, particularly where a pardon has been issued post-conviction, clemency recipients will ask the district court to dismiss the underlying indictment, to remove any remaining stigma of criminality.

Until recently, such motions would have been approved with little fanfare. But as pardons have become increasingly controversial in the Trump era, some federal judges are insisting on having the final word by refusing to grant the requested relief. The debate on this issue reflects a longstanding philosophical divide on the ultimate purpose and intent of a pardon. But it also has real world consequences for pardoned defendants.

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