Legal Question in Criminal Law in Florida
Presidential pardon
If I received a presidential pardon from President Ford for desertion from the army during the Viet Nam war (never convicted - allowed to resign instead of court-martial) do I still need to report the arrest.
1 Answer from Attorneys
Re: Presidential pardon
The question is a little more difficult than it appears. The case of Ex Parte Garland, u.s. supreme court , in a Navy desertion case which was pardoned stated "A pardon reaches both the punishment and the guilt, it releases the punishment and blots out the guilt. ... if granted after the conviction, it removes penalties and disabilities and restores all civil rights. ... it makes him a new man and gives him a new credit and capacity...."(paraphrased) ...but the question remains... were you ever arrested? ... i think the answer is yes.
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