On May 17, 2021, the New York Times reported that the Biden administration was preparing a clemency push. This page went up on May 27, 2021, to point to that report: New York Times, May 17, 2021.

A clemency push is not a statute. It means the President then in office has decided to act on more petitions. The Justice Department can gather the files and recommend. Only the President can grant the relief. The Department's rules say they do not limit that power (28 C.F.R. § 1.11).

What the statistics later showed

The Office of the Pardon Attorney's clemency statistics, updated January 23, 2025, give President Biden's totals for 48 months: 80 pardons, 4,165 commutations, and no remissions. Over the same period the office received 1,666 pardon petitions and 13,201 commutation petitions. Those are not the same cases. A President can act on a petition filed earlier, and a grant to someone who never filed through the office is still counted. The statistics guide and the May 2021 note on President Biden and clemency explain the columns.

The grants were bunched at the end. The table shows none in fiscal year 2021, then 3 pardons and 79 commutations in fiscal year 2022, 9 pardons and 34 commutations in fiscal year 2023, and 13 pardons and 19 commutations in fiscal year 2024. Fiscal year 2025, listed as 3.5 months, shows 55 pardons and 4,033 commutations. The numbers describe that term. They do not predict the next one.

Pardon, commutation, and remission

The Constitution gives the President 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). Clemency is the umbrella. The rules name four requests: a pardon, a reprieve, a commutation of sentence, and remission of a fine (28 C.F.R. § 1.1). See what clemency means and pardon versus commutation.

  • Pardon. The Pardon Attorney's FAQ calls it an expression of forgiveness. It can remove civil disabilities from that conviction, such as limits on voting, holding state or local office, or jury service. It does not mean the person was innocent, and it does not erase the conviction.
  • Commutation. A commutation reduces a sentence that is still being served. It does not change the conviction, imply innocence, or remove those civil disabilities, and it does not affect immigration status.
  • Remission. Remission releases an unpaid fine or restitution. The FAQ says it reaches only the part not yet paid. A commutation can include it. President Biden's remission column is zero.

Who may file, and when

The petition has to concern an offense against the United States. The Pardon Attorney says a state conviction is outside the power. The same FAQ says the power does cover offenses prosecuted by the United States Attorney for the District of Columbia, in the name of the United States, in the D.C. Superior Court. A court-martial petition goes to the Secretary of the military department, not the Pardon Attorney (28 C.F.R. § 1.1).

For a pardon, do not file until at least five years after release from confinement. If the court imposed no prison sentence, the five years run from the conviction. A pardon petition generally should not be filed while the person is on probation, parole, or supervised release (28 C.F.R. § 1.2).

A commutation is for a sentence still being served. The Justice Manual says a request generally is not accepted until service has begun, and generally is not accepted while a court challenge is pending (Justice Manual 9-140.113). Do not file a commutation, including remission of a fine, if another judicial or administrative remedy is available, except in exceptional circumstances (28 C.F.R. § 1.3). The warrant rule also covers a person already on supervised release (28 C.F.R. § 1.7), so a commutation is not limited to people still in prison. That is not permission to file a pardon early.

How the Pardon Attorney handles the file

The ordinary petition is addressed to the President and sent to the Pardon Attorney. Pardon and commutation use different forms, both on the Apply for Clemency page. A lawyer is not required. The FAQ says most applicants do not have one. The Attorney General investigates as the case needs, which can include the FBI, and then sends the President a written recommendation to grant or deny (28 C.F.R. § 1.6). There is no hearing. The Office of the Pardon Attorney prepares that report. The pardon process and commutation application guides follow the same steps.

If a President leaves office with the petition still open, the FAQ says not to file again. It stays open for a later President unless it was closed for an administrative reason, such as a withdrawal or a death. After a denied pardon, the person may reapply in 24 months. After a denied commutation, the wait is 12 months. A second form is not the way to update a case that is still pending. Send the new letters to the open file, and check the clemency case locator.

Character evidence and other support

Pardon standards look at life after the conviction, how serious and how recent the offense was, acceptance of responsibility, any concrete legal disability, and the views of the prosecutor and the sentencing judge (Justice Manual 9-140.112). The May 2024 pardon application asks for at least three character references. The three primary references cannot be related to the applicant by blood or marriage (Application for Pardon After Completion of Sentence). How to write a clemency letter describes what those letters should say.

A commutation is aimed at the sentence. The Justice Manual treats unusual severity, critical illness or old age, and substantial help to the government as traditional reasons. Rehabilitation in custody can matter. Someone in Bureau of Prisons custody can ask staff to attach the presentence report, the judgment, and a recent progress report. The FAQ says the applicant, or anyone else, may send written information while the case is open. Send copies. The office does not accept digital media or a file-sharing link. The clemency rules page collects the regulations in one place.