Four official sources describe an early federal pardon petition, and they do not use the same words. The regulation says a petition should wait five years. The application now linked for that petition points a person who is still serving a sentence to the commutation form. The Justice Manual says the Department may waive the five-year requirement. The Pardon Attorney's FAQ says the President can grant a pardon before a sentence is finished.
What the regulation says
28 C.F.R. § 1.2 says:
No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release.
The rules in 28 C.F.R. part 1 advise Department of Justice staff. Section 1.11 says they create no enforceable rights in persons applying for executive clemency, and they do not restrict the authority granted to the President under Article II, Section 2 of the Constitution (28 C.F.R. § 1.11). That clause is the pardon power (U.S. Const. art. II, § 2, cl. 1).
What the current application says
The pardon form linked from Apply for Clemency is the Application for Pardon After Completion of Sentence. It prints OMB Number 1123-0016 and an expiration date of 5/31/2027. The footer on the first page reads: "United States Department of Justice, Office of the Pardon Attorney, Washington D.C. / May 2024". On November 12, 2026, the Department's response for that file listed a last-modified time of February 7, 2025, at 20:05:33 GMT.
Under "To apply, you should," the form lists a conviction under federal law, D.C. Code, or the Uniform Code of Military Justice, and that the applicant live in the U.S. or its territories. It then says:
If you are still serving your sentence, use the commutation application form: justice.gov/pardon/apply-commutation
The form does not describe a waiver of the five-year period. On November 12, 2026, a request for the address printed in that sentence was redirected to the Apply for Clemency page. That redirect response listed a last-modified time of November 9, 2026, at 16:34:53 GMT. The same Apply for Clemency page links a separate commutation application. How to ask for a commutation walks through that petition.
What the Justice Manual says
Justice Manual 9-140.112 was added in April 2018. It says:
The Department's regulations require a petitioner to wait a period of at least five years after conviction or release from confinement (whichever is later) before filing a pardon application (28 CFR Section 1.2). The Department may grant a waiver of the five-year requirement.
The Manual states the wait as five years after conviction or release from confinement, whichever is later. Section 1.2 states it as five years after release from confinement or, if no prison sentence was imposed, five years after the date of conviction. The Manual says the Department may grant a waiver. It does not describe a form, a letter, or a standard for that waiver.
What the FAQ says
The Pardon Attorney FAQ shows an update date of September 9, 2026. It asks: "Can someone apply for a pardon before they are indicted, convicted, or sentenced for a federal offense against the United States or before they have finished serving their sentence?"
The answer says:
Yes. The President can pardon individuals who have not yet been convicted, started serving their sentence, or finished their sentence. The Office of the Pardon Attorney will review all appropriate applications for pardon submitted under those circumstances using the pardon after completion of sentence form.
The same FAQ says the regulations in 28 C.F.R. §§ 1.1 through 1.11 are advisory only and for the internal guidance of Department of Justice personnel.
How the four sources sit together
Section 1.2 still says a pardon petition should wait, and that a person on probation, parole, or supervised release generally should not file one. The Manual says the Department may waive the five-year requirement, and it does not say when it will. The May 2024 application tells a person who is still serving a sentence to use the commutation form. The FAQ says the Office will review appropriate pardon applications filed before a sentence is finished, on the pardon form.
None of those pages says the President must follow the five-year period. Section 1.11 says the rules do not restrict the President. How a pardon request moves explains the ordinary path after the wait. How to check clemency status explains the labels once a case is open.