How a Federal Pardon Differs From a Commutation

Federal clemency is mercy from the President in a federal criminal case. It is not an order from a judge. The Constitution gives the President the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment (U.S. Const. art. II, § 2, cl. 1).

First published May 10, 2021. Updated October 2026.

The Department of Justice treats executive clemency as several forms of that power: a pardon, a commutation of sentence, a remission of a fine or restitution, and a reprieve. The petition rules cover a violation of the laws of the United States. They are not a path to clemency for a conviction under state law.

Pardon and commutation

A pardon is the President's forgiveness for a federal conviction. The Office of the Pardon Attorney describes it as forgiveness that can come after the person has accepted responsibility and shown good conduct following the conviction or the end of the sentence. A pardon can remove any part of the sentence that is still unpaid or unserved on the day it is issued. It can also remove civil disabilities imposed because of that conviction. The office gives examples: limits on voting, on holding office, and on sitting on a jury.

A pardon does not mean the person was innocent. It does not close a separate civil case, such as a civil forfeiture or a civil case brought by the IRS or the SEC. In some situations, and not in others, a pardon can remove the legal ground for removal from the United States. Whether a given limit actually lifts can depend on the law that created it. The same office notes that some states restore rights, including voting, through their own process even when the conviction was federal. This page does not describe those state processes.

A commutation reduces a federal sentence the person is serving. The cut can be partial or complete. It does not erase the conviction, it does not mean the person was innocent, and it does not remove civil disabilities that follow from the conviction. A commutation may include a remission. Remission means release from the unpaid part of a criminal fine or of restitution. Money already paid is not given back.

A commutation does not change immigration status. If a detainer is in place for removal, a commutation does not stop removal, and it can make removal happen sooner.

A reprieve is named in the Constitution beside the pardon power. The clemency rules use the word for a person under a federal death sentence. In that setting, the person, or a lawyer who has the person's written and signed permission, may ask for a reprieve or a commutation. The timing for that request is set out below. The rules do not give a separate definition of reprieve for other sentences.

When a person may petition

For a pardon, the rules say no petition should be filed until at least five years after the person is released from confinement. If the court did not impose prison, the wait is at least five years after the date of conviction. In general, a person who is on probation, parole, or supervised release should not file (28 C.F.R. § 1.2).

Those timing rules are advice for the Department of Justice. They do not give an applicant an enforceable right, and they do not limit the power the Constitution gives the President (28 C.F.R. § 1.11). The Pardon Attorney's FAQ, updated September 9, 2026, says the President may pardon a person who has not yet been convicted, has not started the sentence, or has not finished it. The office says it will review an appropriate application of that kind on the form used for a pardon after the sentence is complete. The pardon form itself tells a person who is still serving a sentence to use the commutation form.

For a commutation, the rules say not to file while another judicial or administrative remedy is still available, unless the person can show exceptional circumstances (28 C.F.R. § 1.3). The commutation form adds three limits. The conviction must be from a federal criminal court, not a state court and not a military court. A court must have imposed federal imprisonment or federal supervision, such as probation, supervised release, or parole. And the person should not have a court challenge pending against the conviction or the sentence, such as a direct appeal or a motion under 28 U.S.C. § 2255. That last limit does not apply in a capital case.

A court-martial conviction is federal, but the petition does not go to the Pardon Attorney. It goes to the Secretary of the military department that had jurisdiction over the trial (28 C.F.R. § 1.1).

The President's power also covers an offense that the United States Attorney for the District of Columbia prosecutes in the name of the United States in the D.C. Superior Court. A person with that kind of conviction applies to the Pardon Attorney. A conviction under state law is outside this power.

What the petition should include

The petition is addressed to the President and filed with the Pardon Attorney. It should include the information the Attorney General's form asks for. The Pardon Attorney supplies the forms. A federal prison warden can also supply the commutation form (28 C.F.R. § 1.1).

The pardon form asks who the person is, why they want a pardon, what they are doing now, what limits the conviction still creates, the details of the conviction, and any other criminal history. It asks for letters of support. Useful records, when the person can obtain them, include the presentence report, the judgment, the court's statement of reasons, the indictment or information, and the docket.

The commutation form asks for the conviction and the reasons for the request. If a Bureau of Prisons official submits it, the instructions ask that official to attach the presentence report, the statement of reasons, the judgment, and a progress report from the last 18 months.

The person, or someone else, may send more writing while the case is open. The office wants copies rather than original documents. It does not take material that exists only on digital media or through a file-sharing link. If a pardon form leaves required answers blank, the office writes back and says what is missing. A knowing and willful false statement in the petition can be punished by a fine, by up to five years in prison, or by both (18 U.S.C. § 1001).

How review works

There is no hearing. The review is on paper. When a petition arrives, the Attorney General causes an investigation. That work can include the FBI. In a pardon case, it looks at the person's life after the conviction, and in some cases the office asks the United States Attorney and the sentencing judge for comments. In some felony cases that had a victim, the Department tries to tell the victim that a petition was filed, that the victim may comment, and later whether the President granted or denied clemency (28 C.F.R. § 1.6).

The Attorney General then sends the President a written recommendation to grant or deny the petition. The President is the one who decides. The rules do not require the President to wait for the Department's recommendation.

The pardon form says the process can take months or years. A letter during that time is not a forecast of the decision. The Department says a petition filed while one President is in office may still be open when that term ends. It then stays open for a later President. The person does not file a second petition only because the term ended. Until a denial notice arrives, the person may treat the case as still open.

If the President grants a pardon, the person is notified and the warrant is mailed to them. If the President grants a commutation, notice goes through the official in charge of the place of confinement, or straight to the person if they are on parole, probation, or supervised release (28 C.F.R. § 1.7).

Except in a death-sentence case, if the Attorney General recommends denial and the President does not disapprove that recommendation or take other action within 30 days after it is submitted, the rules treat the President as agreeing with the denial. The person is told, and the case is closed (28 C.F.R. § 1.8).

After a denial, a person may apply again. The wait is 12 months from the denial of a commutation, and 24 months from the denial of a pardon. The new petition is the place to explain what has changed.

For a federal death sentence, a petition for reprieve or commutation should not be filed before the direct appeal has ended and the first motion under 28 U.S.C. § 2255 has ended. A commutation petition should be filed no later than 30 days after the Bureau of Prisons tells the person the execution date. Supporting papers should be filed no later than 15 days after the petition. Later papers may be left out of the review. Only one commutation request in a death case is processed to the end, unless exceptional circumstances are shown (28 C.F.R. § 1.10).

Papers in a clemency file are generally seen only by the officials working on the petition. The Attorney General may allow inspection when the law, or the ends of justice, requires it (28 C.F.R. § 1.5). After a grant, the Pardon Attorney posts the person's name, the district, the year of the sentence, the offense, and the date of the grant.

What a pardon does not do

A pardon does not expunge the conviction. Expungement is a remedy a court grants. The Department of Justice cannot grant it, and neither can the President. A pardon does not erase the conviction, and it does not seal the record. The offense stays on the criminal record, and the pardon appears there as well. A person who wants a federal conviction expunged has to ask the court of conviction.

A lawyer is not required

The Pardon Attorney says a lawyer is not required, and that most applicants do not use one. Brandon Sample is a federal criminal defense lawyer. He can prepare a federal clemency petition with the person who is applying. The President decides every petition. A finished form does not predict the result.

Where to read the rules

U.S. Constitution, Article II, section 2 (law.cornell.edu)

28 C.F.R. part 1, executive clemency (ecfr.gov)

28 C.F.R. § 1.1, how to submit a petition (law.cornell.edu)

28 C.F.R. § 1.2, when to petition for a pardon (law.cornell.edu)

28 C.F.R. § 1.3, when to petition for a commutation (law.cornell.edu)

28 C.F.R. § 1.11, the rules are advisory (law.cornell.edu)

18 U.S.C. § 1001, false statements (law.cornell.edu)

Office of the Pardon Attorney (justice.gov/pardon)

Pardon Attorney FAQ, updated September 9, 2026

Pardon and commutation forms (justice.gov/pardon/apply-clemency)

Current information on federal pardons and commutations: clemency.com