Usually, yes. Federal law disqualifies a person with a felony conviction from federal jury service until their civil rights are restored, and the Justice Department says a presidential pardon removes that kind of restriction. A commutation does not.

What federal law says

The jury qualification statute, 28 U.S.C. § 1865(b)(5), tells federal courts to treat a person as qualified for grand and trial juries unless, among other things, the person:

has a charge pending against him for the commission of, or has been convicted in a State or Federal court of record of, a crime punishable by imprisonment for more than one year and his civil rights have not been restored.

Two things follow from that text. The bar turns on whether the crime was punishable by more than a year in prison, not on the sentence actually imposed. And the bar ends when civil rights are restored.

What a pardon does

The Office of the Pardon Attorney's frequently asked questions say a pardon "removes civil disabilities – e.g., restrictions on the right to vote, hold state or local office, or sit on a jury – imposed because of the conviction for which pardon is sought." A pardon of the federal conviction is one way to restore the civil rights § 1865(b)(5) refers to.

The same page is clear about what a pardon does not do:

  • It does not erase the conviction. Both the conviction and the pardon appear on the person's record. Expungement is a court remedy, not something the President or the Justice Department can grant.
  • It does not signify innocence. A pardon is an expression of forgiveness.
  • It covers federal offenses only. The President's power under Article II, Section 2 reaches "Offenses against the United States." A separate state conviction would need its own relief.

Why a commutation is different

A commutation shortens a sentence. According to the Pardon Attorney, it "does not change the fact of conviction, imply innocence, or remove civil disabilities that apply to the convicted person as a result of the criminal conviction." Someone whose federal prison term was commuted is still covered by § 1865(b)(5) unless their civil rights are restored some other way.

What to expect if you are summoned

Federal courts decide juror qualifications from the juror qualification form and "other competent evidence," under § 1865(a). If you receive a form, answer the conviction questions truthfully and mention the pardon. Each district's jury office handles its own forms and follow-up questions.

Who it affects

  • People who received a full presidential pardon for a federal felony.
  • People with a federal felony charge still pending. The statute disqualifies them while the charge is open, whatever the outcome later.
  • People thinking about a pardon petition. Jury service is one of the civil rights a pardon can restore, along with the others the Pardon Attorney lists. The Justice Department's rules generally call for waiting at least five years after release from confinement before filing (28 C.F.R. § 1.2).

Our guides explain what a pardon is, how to apply for a presidential pardon and the difference between a pardon and a commutation.