Clemency means mercy from the President in a federal case, through a pardon, a commutation of sentence, a reprieve, or remission of a fine.
For the Justice Department’s steps and how a person asks, see how executive clemency works and how to ask for it.
The four forms of clemency
The Justice Department’s rules name four forms a person can ask for: a pardon, a reprieve, a commutation of sentence, and remission of a fine (28 C.F.R. § 1.1). The Office of the Pardon Attorney lists the same four.
- Pardon: the President’s forgiveness for a federal crime. It removes any unpaid or unserved part of the sentence and civil disabilities imposed because of the conviction, such as limits on voting, holding state or local office, or sitting on a jury. It does not signify innocence, and it does not erase the conviction (Office of the Pardon Attorney FAQ).
- Commutation of sentence: a reduction, in whole or in part, of a sentence that is still being served. It may include release of an unpaid fine or restitution. It does not change the conviction, imply innocence, or remove civil disabilities (same source).
- Reprieve: a delay of a punishment the court has already ordered. The delay does not cancel the sentence or forgive the crime.
- Remission of a fine: release of a criminal fine or restitution, and only of the part that has not already been paid (same source).
Where the word comes from in federal law
The Constitution says the President “shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment” (U.S. Const. art. II, § 2, cl. 1). The Office of the Pardon Attorney calls executive clemency “a broad term” for that power, and it treats a pardon and a commutation as different forms of it (Office of the Pardon Attorney FAQ). A pardon is one form of clemency. It is not a separate power.
The power covers federal offenses, including D.C. Code offenses prosecuted by the U.S. Attorney in D.C. Superior Court. It does not reach a conviction under state law (Office of the Pardon Attorney FAQ; 28 C.F.R. § 1.4).
What clemency is not
- It is not a right. The Justice Department’s clemency rules are advisory. They create no enforceable rights, and they do not limit the President (28 C.F.R. § 1.11).
- It is not a finding of innocence. A pardon does not signify innocence, and a commutation does not imply it (Office of the Pardon Attorney FAQ).
- It is not expungement. Expungement is a court remedy. After a pardon, both the conviction and the pardon stay on the record (same source).