President Biden pardoned his son; but what does that mean?

This morning in their online news, The New York Time reports that “Biden pardoned his son Hunter last night, brushing away two federal convictions and granting his son clemency for any wrongdoing over the past decade. “  The term “brushing away two federal convictions” makes it seem as if Hunter Biden no longer has those convictions on his record.  However, this is not accurate.  A pardon only relieves a person from the legal consequences of a criminal conviction.  However, it does not erase or eradicate said conviction(s). Therefore, a person who is granted a pardon must still disclose any convictions on any form where such information is required although the person may also disclose the fact that a pardon was received.  A pardon is an expression of the president’s forgiveness and ordinarily is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of the sentence.  It does not signify innocence.

Although people must wait for at least five (5) years before they can apply for a presidential pardon, there is no restriction on when it can be done which is why Hunter Biden’s pardon is not considered “untimely.” The only caveat is that the criminal conduct must have already been done, which is why President Gerald Ford was able to pardon Richard Nixon over possible crimes connected with the Watergate scandal, though Nixon had not been charged with anything.  It is noteworthy that the U.S. Supreme Court has never considered the legal effect of said pardon.  Also, the legal and constitutional ability of a president to pardon himself (self-pardon) is an unresolved issue.

Under the Constitution, the president’s clemency power extends to all federal criminal offenses, except in cases of impeachment. All requests for executive clemency for federal offenses are normally directed to the Office of the Pardon Attorney in the U.S. Department of Justice for investigation and review, but the president may bypass that office as was done by President Biden.