28 CFR § 1.2 - Eligibility for filing petition for pardon.

---
identifier: "/us/cfr/t28/s1.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 1.2 - Eligibility for filing petition for pardon."
title_number: 28
title_name: "Judicial Administration"
section_number: "1.2"
section_name: "Eligibility for filing petition for pardon."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "1"
part_name: "EXECUTIVE CLEMENCY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "U.S. Const., Art. II, sec. 2; authority of the President as Chief Executive; and 28 U.S.C. 509, 510."
regulatory_source: "Order No. 1798-93, 58 FR 53658, Oct. 18, 1993, unless otherwise noted."
cfr_part: "1"
---


# 1.2 Eligibility for filing petition for pardon.

No petition for pardon should 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 of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release.