What Is Clemency? Meaning and Definition

By Brandon Sample · Updated October 23, 2026

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The short answer: Clemency means mercy. In federal law, it is the umbrella term for the President’s power to forgive a federal crime (a pardon), shorten a federal sentence (a commutation), delay a punishment (a reprieve), or cancel an unpaid fine or restitution (remission). Clemency does not erase the conviction, and no one has a right to it.

What is clemency? The meaning in plain English

In everyday English, clemency means mercy, or going easier on someone than you could have. In law, the word has a narrower meaning: an official act by the head of government that forgives a crime or lightens its punishment.

For federal crimes, only the President can grant clemency. The power comes from the Constitution, which 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). In a federal court case, clemency does not come from the judge. The judge sets the sentence; clemency is the President’s power to forgive the crime or lighten the punishment afterward. “Executive clemency” is the formal name for this power. You will also see people call it the “pardon power.”

Three things clemency is not:

It is not a right. The President decides. Justice Department rules on clemency are advisory only and create no enforceable rights (28 C.F.R. § 1.11).
It is not a finding of innocence. The Office of the Pardon Attorney says a pardon does not signify innocence, and a commutation does not imply it (Office of the Pardon Attorney, Frequently Asked Questions).
It is not expungement. Expungement (a court order that seals or clears a record) is a court remedy. After a pardon, both the conviction and the pardon stay on the record (same source).

The five types of clemency

The Justice Department’s clemency rules name four forms of relief someone can ask for: pardon, reprieve, commutation of sentence, and remission of fine (28 C.F.R. § 1.1). Amnesty is a fifth, used for groups.

Pardon: the President’s forgiveness for a federal crime. People usually ask for one years after the sentence is done.
Commutation: a shorter sentence for someone still serving it, sometimes all the way down to time served. The conviction stays.
Reprieve: a temporary pause on a punishment, most often an execution. It buys time but does not cancel the sentence.
Remission: canceling or reducing a fine or restitution (money a court ordered someone to pay). It applies only to the part not yet paid.
Amnesty: a pardon for a whole group of people, usually by proclamation. One example is President Carter’s 1977 proclamation for certain draft-law violations (Proclamation 4483).

Clemency vs. pardon vs. commutation

A pardon is not a different thing from clemency. It is one kind of clemency. The Office of the Pardon Attorney calls executive clemency “a broad term” for the President’s power to give leniency to people who have committed federal crimes, and treats a pardon and a commutation as different forms of it (Office of the Pardon Attorney FAQ).

Almost every clemency request is for a pardon or a commutation. The Office explains the difference this way (Office of the Pardon Attorney FAQ):

A pardon removes any unserved or unpaid part of the sentence. It also removes civil disabilities that come from the conviction, such as limits on voting, holding state or local office, or serving on a jury. It does not erase the conviction.
A commutation reduces a sentence that is being served, in whole or in part. It can also release unpaid fines or restitution. It does not change the conviction or restore lost rights.

Timing is different too. Justice Department rules say to wait at least five years after release from prison before asking for a pardon, or five years after conviction if there was no prison sentence (28 C.F.R. § 1.2). There is no waiting period for a commutation, but the rules say not to file one while court or agency relief is still available, unless there are exceptional circumstances (28 C.F.R. § 1.3). For a side-by-side comparison, see pardon vs. commutation.

Federal crimes only

The Constitution limits the power to “Offenses against the United States.” So the President can grant clemency for federal crimes, including cases the U.S. Attorney for the District of Columbia prosecutes in D.C. Superior Court, but not for a state conviction (Office of the Pardon Attorney FAQ; 28 C.F.R. § 1.4). The President also cannot use it in cases of impeachment.

How someone asks for clemency

A person asks by filing a written petition addressed to the President and sent to the Office of the Pardon Attorney at the Justice Department (28 C.F.R. § 1.1). For someone in federal prison, clemency usually means a commutation, and commutation forms are also available from prison wardens (same rule). The forms are on the Office’s Apply for Clemency page. The Justice Department investigates, and the Attorney General sends the President a written recommendation (28 C.F.R. § 1.6). The President makes the final decision. To follow a pending case, see how to check clemency case status.

In clemency cases, the Justice Department generally assumes the conviction was correct (Justice Manual 9-140.111). So a petition is not a second trial. It is a request for mercy that focuses on the person: what they have done since, and why relief makes sense now.

For pardons, the Justice Manual lists the main things the Department weighs: conduct, character and reputation after the conviction; how serious and how recent the offense was; acceptance of responsibility, remorse and atonement; the need for relief; and the views of officials such as the prosecutor and the sentencing judge (Justice Manual 9-140.112). For commutations, it says traditional grounds include disparity or undue severity of the sentence, critical illness or old age, and meritorious service to the government (Justice Manual 9-140.113).

Only a small share of requests are granted. For example, the Justice Department’s numbers show President Obama received 36,544 petitions (3,395 for pardon and 33,149 for commutation) and granted 1,927 (212 pardons and 1,715 commutations) (Justice Department clemency statistics).

Where the clemency power comes from

The framers borrowed the idea from English law, where the Crown could pardon or lighten punishments. Alexander Hamilton defended the President’s pardon power in Federalist Nos. 69 and 74. The Supreme Court has long read the clause in light of that English practice. In Ex parte Wells, 59 U.S. (18 How.) 307 (1855), it upheld a conditional pardon that President Fillmore granted, changing a death sentence to life in prison. In Schick v. Reed, 419 U.S. 256 (1974), it held that the President may attach conditions to a commutation and that, because the power comes from the Constitution, Congress cannot cut it back by statute.

The 2014 Clemency Initiative

In April 2014, the Justice Department announced a Clemency Initiative that encouraged people in federal prison to petition for commutation. It gave priority to people who:

would likely have received a substantially lower sentence if convicted of the same offense later, after changes in the law;
were non-violent, low-level offenders without significant ties to large-scale criminal organizations, gangs or cartels;
had served at least 10 years of their prison sentence;
did not have a significant criminal history;
had shown good conduct in prison; and
had no history of violence before or during their prison term.

Volunteer lawyers in Clemency Project 2014 helped people who seemed to qualify prepare petitions. The initiative ended when President Obama left office in January 2017. Read more about President Obama’s commutations.

Is clemency the right path?

Clemency is one option among several. For someone still in federal prison, a court may be able to reduce the sentence in other ways, such as compassionate release, and the Justice Department considers whether other relief is available when it reviews a commutation (Justice Manual 9-140.113). Criminal Center handles federal cases nationwide, including federal pardon and commutation petitions. No one can promise that the President will grant clemency.

Common questions

What is clemency?

Clemency is the President's power to show mercy to a person convicted of a federal crime, through a pardon, a commutation of sentence, a reprieve, or remission of a fine. The power comes from the Constitution (U.S. Const. art. II, § 2, cl. 1), and the Justice Department's rules list those four forms (28 C.F.R. § 1.1).

Sources: U.S. Const. art. II, § 2, cl. 1; 28 C.F.R. § 1.1.

What does clemency mean?

Clemency means mercy or leniency. In a federal criminal case, it means an official act by the President that forgives the crime or lightens the punishment after the court has imposed it; the judge sets the sentence, but only the President grants clemency (U.S. Const. art. II, § 2, cl. 1; DOJ Office of the Pardon Attorney FAQ).

Sources: U.S. Const. art. II, § 2, cl. 1; DOJ Office of the Pardon Attorney, Frequently Asked Questions.

What is the definition of clemency?

Clemency is an act of mercy that forgives a crime or lessens its punishment. In federal law, it is the President's power to grant a pardon, a commutation of sentence, a reprieve, or remission of a fine for an offense against the United States (U.S. Const. art. II, § 2, cl. 1; 28 C.F.R. § 1.1).

Sources: U.S. Const. art. II, § 2, cl. 1; 28 C.F.R. § 1.1.

What is the difference between clemency and a pardon?

Clemency is the umbrella term, and a pardon is one type of clemency. The Office of the Pardon Attorney describes executive clemency as a broad term for the President's constitutional power to give leniency to people who have committed federal crimes, and it treats pardon and commutation of sentence as different forms of it (DOJ Office of the Pardon Attorney FAQ). The Justice Department's rules also list reprieve and remission of fine (28 C.F.R. § 1.1).

Sources: DOJ Office of the Pardon Attorney, Frequently Asked Questions; 28 C.F.R. § 1.1.

What is clemency in law?

In federal law, clemency is an executive act, not a court ruling: the President grants it, and Justice Department rules govern how requests are filed and reviewed (28 C.F.R. §§ 1.1–1.11). Those rules are advisory only. They create no enforceable rights and do not limit the President's power (28 C.F.R. § 1.11).

Sources: 28 C.F.R. §§ 1.1–1.11; 28 C.F.R. § 1.11.

What is clemency in prison?

For someone in federal prison, clemency usually means a commutation, which shortens the sentence being served. Commutation forms are available from the Office of the Pardon Attorney and from federal prison wardens (28 C.F.R. § 1.1), and the Justice Department generally does not accept a request until the person has started serving the sentence (Justice Manual 9-140.113).

Sources: 28 C.F.R. § 1.1; Justice Manual 9-140.000.

What is the difference between a pardon and a commutation?

A pardon is the President's forgiveness for a federal crime, and people usually ask for one after the sentence is done. A commutation shortens a federal sentence that someone is still serving, either partly or completely. Neither one erases the conviction, and a pardon does not mean the person was innocent (U.S. Const. art. II, § 2, cl. 1; DOJ Office of the Pardon Attorney FAQ).

Sources: U.S. Const. art. II, § 2, cl. 1; DOJ Office of the Pardon Attorney, Frequently Asked Questions.

Can the President pardon a state conviction?

No. The President's clemency power covers federal crimes, including cases prosecuted by the U.S. Attorney for the District of Columbia. A conviction under state law is not a federal offense, so presidential clemency doesn't reach it. This site covers federal convictions only.

Source: DOJ Office of the Pardon Attorney, Frequently Asked Questions.

Does a pardon restore the right to vote?

A federal pardon removes civil disabilities that come from the conviction, such as limits on the right to vote, hold state or local office, or sit on a jury. Some states also have their own procedures for restoring civil rights, so the Office of the Pardon Attorney suggests checking with state officials as well (DOJ Office of the Pardon Attorney FAQ).