- Net worth
- Unknown
- Crimes
- january 6, other, post pardon
- Convicted of
- Entering and remaining in restricted grounds (Jan. 6); drunk driving fatal crash (2022)
- Original sentence
- Pardon for Jan. 6; 10 years' imprisonment (2025, DUI fatal crash)
- Time served
- Before pardon (Jan. 6)
Background
Emily Hernandez pleaded guilty to entering and remaining in a building and restricted grounds in connection with the January 6, 2021, Capitol breach. She was pardoned by President Trump in January 2025. According to CREW and court reporting, after the pardon she was sentenced to 10 years in prison for a drunk driving crash in 2022 that killed one person and injured another.
The Case
Hernandez pleaded guilty to federal charges for her role in the Capitol breach, which disrupted the certification of the presidential election and contributed to the harm to law enforcement and public trust in the peaceful transfer of power.
After receiving Trump's pardon for her January 6 offenses, Hernandez was sentenced in January 2025 to 10 years in prison for causing a drunk driving accident in 2022 that killed one person and seriously injured another. CREW and other analysts have cited her case as an example of pardoned insurrectionists who have been charged with or convicted of other serious crimes, including reckless conduct that resulted in death, highlighting the absence of ongoing supervision for pardoned individuals and the resulting public safety concerns.
The Pardon
On January 20, 2025, President Trump granted Hernandez a full pardon under a proclamation covering certain offenses relating to the events at or near the U.S. Capitol on January 6, 2021.
Sources
- President Trump's Proclamation Granting Pardons and Commutations for Jan. 6 Offenses (DOJ)
- At least 33 pardoned insurrectionists face other criminal charges (CREW, Dec 2025)
- At least 10 pardoned insurrectionists face other criminal charges (CREW, June 2025)
- Emily Hernandez sentenced for fatal car crash (USA Today, Jan 2025)