Robert Hunter Biden · criminal prosecution · clemency · tax · firearms
Was Hunter Biden convicted on federal gun and tax charges, and what did his father's pardon do?
A Delaware jury found Hunter Biden guilty on three federal firearms counts on 11 June 2024, and on 5 September 2024 he pleaded guilty to all nine federal tax counts in California. Before either sentencing, President Joe Biden granted him a full and unconditional pardon on 1 December 2024 covering federal offenses from 1 January 2014 to 1 December 2024. Both courts then terminated the proceedings, and no sentence was imposed. A pardon removes punishment but is not a vacatur, and the Delaware court declined to dismiss the indictment.
Last verified 30 October 2026. United States
The record at a glance
| What was alleged? | Special Counsel David C. Weiss charged that Biden lied about his drug use on a federal firearm purchase form and possessed a gun as a drug user in October 2018, and separately that he failed to pay at least $1.4 million in federal taxes for 2016 to 2019, failed to file returns, evaded tax and filed false returns.1,2 |
|---|---|
| Who made the claim? | Special Counsel David C. Weiss, US Department of Justice, 14 September 2023 |
| How did Hunter Biden respond? | Biden pleaded not guilty in Delaware and contested the charges at trial, and in California he pleaded guilty without a plea agreement. After the pardon he said in a written statement that he had admitted and taken responsibility for his mistakes during his addiction and would not take the clemency for granted. His lawyers told the Delaware court the pardon required dismissal of the indictment.3,4,5 (the subject's position) |
| Was there an official finding? | A federal jury in Delaware convicted Biden on three firearms counts on 11 June 2024.6 Biden pleaded guilty in California on 5 September 2024 to three felony and six misdemeanor tax offenses.7 President Biden granted a full and unconditional pardon on 1 December 2024 covering federal offenses from 1 January 2014 through 1 December 2024.8 No sentence was imposed in either case. Both courts terminated proceedings in December 2024.6,9 |
| Was liability determined? | Yes, liability was determined. Found guilty by a jury in Delaware and convicted on his own guilty plea in California. No judgment of sentence was entered because the pardon came first. The pardon relieves him of federal punishment for the covered offenses. It does not vacate the jury verdict or the plea, and the Delaware court terminated proceedings without dismissing the indictment.6,8,9 |
| What changed later? | As of 30 October 2026 both federal cases are closed by pardon with no sentence imposed. The guilty verdict and guilty plea have not been vacated.6,8 |
| When was this checked? | 30 October 2026 |
What was alleged?
Special Counsel David C. Weiss charged that Biden lied about his drug use on a federal firearm purchase form and possessed a gun as a drug user in October 2018, and separately that he failed to pay at least $1.4 million in federal taxes for 2016 to 2019, failed to file returns, evaded tax and filed false returns.1,2
Made by Special Counsel David C. Weiss, US Department of Justice on 14 September 2023.
What did Hunter Biden say?
Biden pleaded not guilty in Delaware and contested the charges at trial, and in California he pleaded guilty without a plea agreement. After the pardon he said in a written statement that he had admitted and taken responsibility for his mistakes during his addiction and would not take the clemency for granted. His lawyers told the Delaware court the pardon required dismissal of the indictment.3,4,5
"I will never take the clemency I have been given today for granted"
Hunter Biden, written statement (reported by Reuters), 1 December 2024. This is the subject's own account, not a finding.
What do independent records show?
Indictment, United States v. Robert Hunter Biden, D. Del. No. 1:23-cr-00061-MN
Special Counsel's Office (US Department of Justice), 14 September 2023
Three felony counts related to the October 2018 purchase and possession of a firearm.1
Indictment, United States v. Robert Hunter Biden, C.D. Cal. No. 2:23-cr-00599
Special Counsel's Office (US Department of Justice), 7 December 2023
Three felony and six misdemeanor tax counts covering tax years 2016 to 2019.2
Jury verdict before Judge Maryellen Noreika
US District Court for the District of Delaware (jury), 11 June 2024
Jury convicted Biden on all three firearms counts. Sentencing was set for 12 December 2024.6
Guilty plea before Judge Mark C. Scarsi
US District Court for the Central District of California, 5 September 2024
Biden pleaded guilty to all nine counts with no plea agreement, after first seeking to enter an Alford plea. Sentencing was set for 16 December 2024.6,7
Executive Grant of Clemency, Robert Hunter Biden
President of the United States, 1 December 2024
Full and unconditional pardon for federal offenses committed or possibly committed from 1 January 2014 through 1 December 2024, expressly including both dockets and any resulting convictions.8
Order of Judge Maryellen Noreika
US District Court for the District of Delaware, 3 December 2024
Terminated all proceedings after the pardon but did not grant the defense request to dismiss the indictment.6,9
Order of Judge Mark C. Scarsi
US District Court for the Central District of California, 3 December 2024
Directed the Clerk to comply with court procedures for effecting a grant of clemency, which ended the case without sentence. The judge questioned parts of the President's public statement about the case and the pardon's coverage of conduct through the time of signing.6,9
What was established?
- A federal jury in Delaware convicted Biden on three firearms counts on 11 June 2024.6
- Biden pleaded guilty in California on 5 September 2024 to three felony and six misdemeanor tax offenses.7
- President Biden granted a full and unconditional pardon on 1 December 2024 covering federal offenses from 1 January 2014 through 1 December 2024.8
- No sentence was imposed in either case. Both courts terminated proceedings in December 2024.6,9
Distinctions that matter here
- A pardon forgives punishment for an offense. It is not a vacatur and does not declare the person innocent.
- A guilty verdict and a guilty plea each establish guilt in the case, but no sentence was imposed and no judgment of sentence was entered in either case.
- The pardon covers federal offenses only.
Was liability determined?
Yes, liability was determined. Found guilty by a jury in Delaware and convicted on his own guilty plea in California. No judgment of sentence was entered because the pardon came first. The pardon relieves him of federal punishment for the covered offenses. It does not vacate the jury verdict or the plea, and the Delaware court terminated proceedings without dismissing the indictment.6,8,9
What remains unresolved?
- Judge Scarsi suggested the pardon might exceed presidential power to the extent it covers conduct on 1 December 2024 itself, but he did not decide the point.
- Whether the California indictment was formally dismissed or only terminated is described differently in reporting and the Special Counsel's report.
What is the current status?
As of 30 October 2026 both federal cases are closed by pardon with no sentence imposed. The guilty verdict and guilty plea have not been vacated.6,8
As of 30 October 2026. No next proceeding is scheduled in the records we found.
Timeline
- Indicted in Delaware on three firearms felonies.1
- Indicted in California on nine tax counts.2
- Delaware jury returns guilty verdicts on all three counts.6
- Pleads guilty to all nine tax counts in Los Angeles.7
- President Biden signs the pardon. Defense files notice of pardon in Delaware.5,8
- Both trial courts terminate proceedings.6,9
- Special Counsel's final report transmitted, stating no further charging decisions could be made for the pardoned period.6
Sources
- US Department of Justice, Special Counsel David C. Weiss's Office, Grand Jury Returns Indictment Charging Robert Hunter Biden with Three Felonies Related to His Purchase of a Firearm, 14 September 2023 · document record Government, parliamentary or audit document
- US Department of Justice, Special Counsel David C. Weiss's Office, Grand Jury Returns Indictment Charging Robert Hunter Biden with Three Felony Tax Offenses and Six Misdemeanor Tax Offenses, 7 December 2023 · document record Government, parliamentary or audit document
- Daily Maverick, Biden says he has pardoned his son, Hunter (Reuters), 2 December 2024 Independent reporting
- The American Presidency Project, UC Santa Barbara, Statement from President Joe Biden on the presidential pardon for R. Hunter Biden, 1 December 2024 · document record Government, parliamentary or audit document
- CourtListener RECAP (US District Court for the District of Delaware), Mr. Biden's Notice of Pardon, D. Del. No. 1:23-cr-00061-MN, Document 272, 1 December 2024 · document record Filing or formal statement by the subject
- US Department of Justice, Report of Special Counsel David C. Weiss, 13 January 2025 · document record Government, parliamentary or audit document
- US Department of Justice, Special Counsel David C. Weiss's Office, Robert Hunter Biden Convicted on Three Felony Tax Offenses and Six Misdemeanor Tax Offenses, 5 September 2024 · document record Government, parliamentary or audit document
- US Department of Justice, Office of the Pardon Attorney, Executive Grant of Clemency, Robert Hunter Biden, 1 December 2024 · document record Court, legislation, official register or regulator record
- Good Morning America, Hunter Biden's gun case terminated after presidential pardon (ABC News), 4 December 2024 Independent reporting
Revision history
- 30 October 2026: First published after source verification.
Related: Robert Hunter Biden, criminal prosecution, clemency, tax, firearms, United States. To submit a document or request a correction, see right of reply.