No, a mayor cannot pardon someone for a state or federal criminal conviction. The question of whether a mayor can pardon someone comes up often, and the short answer is that pardon power belongs to the President for federal offenses and to governors or state pardon boards for state offenses. No city charter or local ordinance can override that structure. Some mayors do hold a narrow form of clemency, but it reaches only violations of municipal ordinances, not crimes under state or federal law.
Who Actually Holds Pardon Power
The U.S. Constitution gives the President the “Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”1Constitution Annotated. Article II, Section 2, Clause 1 – Overview of Pardon Power That covers federal offenses only, from tax evasion and immigration violations to drug trafficking and bank fraud. The decision is final; no other branch can reverse it.
Every state constitution hands similar authority to the governor, a state pardon board, or some combination of the two. In roughly 15 states, the governor acts alone. Elsewhere, a pardon or parole board investigates and recommends, and in a few states the board itself makes the final call. A governor’s reach stops at the state line and at the border of state law. A governor cannot pardon a federal crime, and a governor in one state cannot pardon a conviction entered in another state’s courts.
Mayors are not in this picture. The executive who oversees enforcement of a body of law is the one who can forgive violations of it, and mayors do not oversee state criminal codes or federal statutes.
The Narrow Exception: Municipal Ordinance Clemency
Some state laws and city charters give mayors a limited form of clemency over violations of municipal ordinances. Where this authority exists, a mayor can typically remit fines payable to the city, commute sentences imposed by a municipal court, and in some cases grant pardons for ordinance violations.
The key word is “ordinance.” This power reaches only local rules passed by the city council or governing body. Think noise complaints, local code infractions, certain traffic violations processed through municipal court, and city-specific rules on animals, litter, or business licensing. Those violations are generally classified as non-criminal matters under state law, even when a municipal court uses the word “conviction” to describe the outcome. A municipal ordinance violation typically cannot result in a state prison sentence and does not carry the same long-term consequences as a state criminal conviction.
Not every city grants its mayor this power. The authority has to come from somewhere specific, either a state statute that delegates it or a city charter that creates it. Where it does exist, the mayor usually must report each pardon or remission to the city council in writing, with reasons.
Mayoral Marijuana Pardons
The most visible use of municipal clemency in recent years has been marijuana-related. As attitudes shifted, several mayors used their ordinance-level pardon authority to forgive residents convicted of low-level possession or paraphernalia violations under city codes. One effort covered roughly 15,000 people with municipal marijuana possession convictions accumulated over three decades.
These pardons work because the underlying offenses were charged under municipal ordinances rather than state drug statutes. If the same conduct had been charged under state law, the mayor would have no authority over it. Two people caught with the same amount of marijuana in the same city can end up on different sides of a mayoral pardon depending entirely on which law the prosecutor picked.
What a Municipal Pardon Does and Does Not Do
A municipal pardon provides official forgiveness for the ordinance violation it covers and relieves the person of any remaining penalties, such as unpaid fines or ongoing probation conditions. It signals that the city’s chief executive has reviewed the case and decided the person deserves a clean slate on that matter.
It generally does not erase the underlying record. A pardon is not an expungement. Expungement can result in records being sealed, purged, or destroyed depending on the jurisdiction. A pardon typically adds a notation to the record showing that a pardon was granted. Whether that distinction matters on a background check depends on local rules and the type of screening involved. Employers in many jurisdictions face restrictions on using certain non-criminal or sealed records in hiring decisions, but those protections vary.
A municipal pardon also has no effect on state or federal records. If someone carries both a municipal ordinance violation and a separate state criminal charge, a mayoral pardon reaches only the municipal side. The state conviction stays intact.
If You Need a Pardon, Go to the Right Office
For a federal conviction, a petition goes to the President through the Office of the Pardon Attorney at the U.S. Department of Justice.2eCFR. 28 CFR 1.1 – Submission of Petition; Form to Be Used The petition cannot be filed until at least five years after release from confinement, or five years from the date of conviction if no prison sentence was imposed.3eCFR. 28 CFR 1.2 – Eligibility for Filing Petition for Pardon Military offenses go to the Secretary of the relevant military department. There is no filing fee, and the form is available from the Department of Justice.4U.S. Department of Justice. Apply for Clemency Decisions can take a year or longer, and many petitions sit without resolution.
For a state conviction, the application goes to the governor’s office, the state pardon board, or both, depending on how the state structures its clemency system. Most states ask for the details of the conviction, a personal statement, evidence of rehabilitation, and letters of support. Some impose their own waiting periods after the sentence is completed.
For a municipal ordinance violation in a city where the mayor holds clemency authority, the application usually lives on the city’s website or at the mayor’s office. The scope is narrow and the turnaround is faster. If the matter you want forgiven is anything more serious than a local ordinance violation, the mayor is not the person who can help, and the time spent asking is time taken away from the office that can.