No. A presidential pardon removes the part of a sentence that is still unpaid or unserved. It does not give back money that has already been paid to the United States. The Supreme Court settled that point almost 150 years ago in Knote v. United States, 95 U.S. 149 (1877), and the Justice Department's guidance today matches it.

What a pardon does with money still owed

The Office of the Pardon Attorney says a pardon "removes unpaid or unserved portions of the sentence, if any, that may remain at the time the pardon was issued" (Pardon Attorney FAQ). So if part of a fine is still owed when a full pardon is granted, the pardon reaches that unpaid part.

Someone who wants relief from a fine but not a full pardon can ask for "remission of fine," one of the forms of clemency listed in the Justice Department's rules (28 C.F.R. § 1.1). A commutation can also include remission of a fine or restitution. Either way, the Pardon Attorney says a remission "applies only to the part of the financial penalty that has not already been paid."

Why money already paid stays paid

Knote involved a man whose property was seized and sold under an 1862 confiscation law after he was accused of treason during the Civil War. The sale proceeds, $11,000, went into the U.S. Treasury. He was later covered by President Andrew Johnson's 1868 proclamation of "a full pardon and amnesty," and he sued to get the money back.

The Supreme Court said no. Its reasoning has two parts.

A pardon looks forward, not back. A pardon releases a person from the disabilities of the offense and restores civil rights. "But it does not make amends for the past," the Court wrote. It "affords no relief for what has been suffered by the offender in his person by imprisonment, forced labor, or otherwise," and "it does not give compensation for what has been done or suffered."

The Treasury needs an act of Congress. The Constitution says no money may be drawn from the Treasury except "in Consequence of Appropriations made by Law" (U.S. Const. art. I, § 9, cl. 7). The Court held that the pardon power, however broad, "cannot touch moneys in the treasury of the United States, except expressly authorized by act of Congress."

The Court also said a pardon does not undo rights that others gained while the judgment was in force. If proceeds have been paid to the person the law assigned them to, the pardoned person cannot recover them.

When money can still come back

Knote drew a line. If forfeited property or its proceeds have not yet vested in the United States or someone else, because they are still under the control of the executive branch or held by a court, a full pardon restores them to the original owner. The Court pointed to Osborn v. United States, 91 U.S. 474 (1875), where proceeds still in a court's registry went back to a man who had been pardoned.

The Pardon Attorney also notes that a pardon does not end separate civil proceedings, such as civil forfeitures or civil IRS or SEC actions.

What it means for you

  • Know what is still owed. Before applying, find out how much of any fine, assessment or restitution remains unpaid. That is the part clemency can reach.
  • Ask for what you need. If the debt is the main burden and you are still serving a sentence, a commutation request can ask for remission of the unpaid amount. The rules say not to file a commutation petition, including one for remission of a fine, if other judicial or administrative relief is available, except in exceptional circumstances (28 C.F.R. § 1.3).
  • Don't expect a refund. A pardon can restore rights and lift the remaining sentence, but it will not repay a fine already in the Treasury.

Our guides explain what a pardon is and the limits of the pardon power.