Clemencies and pardons

Every federal defendant is eligible to seek clemency from the President of the United States. There are two types of clemency: a commutation of sentence and an executive pardon.

Commutation of Sentence

A commutation of sentence asks the President to reduce a federal sentence, fine, or restitution while serving a sentence. To begin the commutation process, a federal inmate must submit an application to the Office of the Pardon Attorney for consideration. The Pardon Attorney will review the application and attachments and submit candidates to the President for consideration. If granted, an order of commutation will be filed in the U.S. District Court commuting the defendant’s sentence.

President Obama granted a record-breaking number of clemencies during his time in office during his administrations Clemency Initiative. While there have been far less petitions granted since 2018, President Biden issued a proclamation on marijuana possession, attempted possession, and use in December 2023.

A complete list of clemency recipients can be found here. If you have a pending commutation petition, you can check the status online here.

If you have a pending petition, it is always good practice to regularly check the status and amend your petition with updated information while a decision is pending.

If you have been denied clemency, you can reapply. Until recently, there was a one-year waiting period to reapply for clemency. However, the Office of the Pardon Attorney has removed this qualification for applicants.

Presidential Pardons

A pardon differs from a commutation as it is sought after the completion of a sentence. A pardon does not remove the conviction, but help restore rights lost after a federal conviction.

In determining whether to grant a presidential pardon, the following factors are considered:

1. Post-conviction conduct, character, and reputation.

2. Seriousness and relative recentness of the offense.

3. Acceptance of responsibility, remorse, and atonement.

4. Need for relief.

5. Official recommendations and reports.

Like a commutation petition, a pardon application is submitted to the Office of the Pardon Attorney for consideration by the President of the United States. A list of individuals who have received presidential pardons can be found here.