The short answer: A commutation is the President’s reduction of a federal sentence. When a sentence is commuted, the punishment gets lighter: less prison time, a smaller unpaid fine, or a shorter term of supervision, sometimes down to time served. The conviction stays on the record, and civil rights lost because of it are not restored.

Commutation is how people still serving a federal sentence ask the President for relief.

What does it mean to commute a sentence?

To commute a sentence means to make it less severe. The Office of the Pardon Attorney describes a commutation as reducing a sentence, “either totally or partially, that is then being served” (Office of the Pardon Attorney FAQ). The Justice Manual says the President may commute a sentence to time served, or reduce it so the person is released after a set period (Justice Manual 9-140.113).

In practice, a prison sentence commuted to time served ends right away. A sentence commuted to a shorter term ends on a new, earlier date. A commuted death sentence becomes a prison sentence, such as life in prison.

The power to commute is part of the President’s power to “grant Reprieves and Pardons for Offences against the United States” in the Constitution. The Supreme Court has held that this includes changing a sentence to a lighter one, and attaching conditions to it (Schick v. Reed, 419 U.S. 256 (1974)).

What a commutation does

  • It reduces the punishment. Most often that means less prison time. The Justice Department’s commutation form also lets a person ask to reduce supervised release, probation, or parole (Petition for Commutation of Sentence).
  • It can cover money owed. A commutation may include remission (release) of an unpaid fine or restitution. Remission applies only to the part not already paid (Office of the Pardon Attorney FAQ).
  • It follows the terms of the grant. Each commutation is written as a warrant, and its terms control. A grant can shorten only the prison term and leave supervised release, a fine or restitution in place, or it can change those too. A commutation may also come with conditions similar to parole or supervised release (Justice Manual 9-140.113).

What a commutation does not do

  • It does not change the conviction. The conviction stays on the record (Justice Manual 9-140.113).
  • It does not mean the person was innocent or that the original sentence was unfair (same source).
  • It does not restore rights. Civil disabilities from the conviction, such as limits on voting or jury service, stay in place (Office of the Pardon Attorney FAQ).
  • It does not help with immigration. A commutation has no effect on immigration status and will not prevent removal or deportation (same source).

What happens when a sentence is commuted

  • The person is notified. The commutation warrant (the signed grant) is sent through the warden of the prison, or straight to the person if they are on parole, probation, or supervised release (28 C.F.R. § 1.7).
  • The warrant sets the new terms. The President may commute a sentence to time served, or reduce it so the person is released after a set period (Justice Manual 9-140.113). The release date follows the terms in the warrant.
  • Supervised release may remain. Many warrants shorten only the prison term. For example, President George W. Bush’s 2007 commutation for Lewis Libby ended the prison term immediately but left the term of supervised release and “all other components of the sentence” in place (Office of the Pardon Attorney, Commutations Granted by President George W. Bush).
  • Conditions may apply. A commutation can come with conditions similar to parole or supervised release (Justice Manual 9-140.113).
  • The grant is public. The Office of the Pardon Attorney lists each person granted a commutation on its website (Office of the Pardon Attorney FAQ).

Commuting a death sentence

To commute a death sentence means to replace it with a prison sentence. In 1960, President Eisenhower commuted a military death sentence to life in prison on the condition that the person never be paroled, and the Supreme Court upheld that condition (Schick v. Reed, 419 U.S. 256 (1974)). The person’s consent is not needed for that kind of change, because life in prison is a lesser penalty than death (Biddle v. Perovich, 274 U.S. 480 (1927)). On December 23, 2024, President Biden commuted 37 federal death sentences to life imprisonment without the possibility of parole (Office of the Pardon Attorney, Commutations Granted by President Joseph Biden). The President can act only on federal sentences. For a short delay of an execution instead, see what a reprieve is.

Commutation vs. pardon

A commutation lightens a sentence someone is still serving. A pardon forgives the crime, usually years after the sentence is over, and restores some rights. Neither one erases the conviction. For the full side-by-side comparison, see pardon vs. commutation: what is the difference. For all of the forms of clemency, see clemency meaning and definition.

Who can commute a sentence?

For a federal sentence, only the President can grant a commutation (U.S. Const. art. II, § 2, cl. 1). A federal judge can sometimes reduce a sentence through a court motion, such as compassionate release, but that is a court order, not a commutation. The President alone decides. The Office of the Pardon Attorney at the Justice Department reviews each petition. The Justice Department investigates, often asks the prosecutor’s office for its views, and sends the President a written recommendation (28 C.F.R. § 1.6; Justice Manual 9-140.111). There is no hearing (Office of the Pardon Attorney FAQ), and there is no appeal from a denial (Petition for Commutation of Sentence). The form itself calls commutation “an extraordinary remedy that is very rarely granted.”

The Justice Manual says traditional grounds for a commutation include disparity or undue severity of the sentence, critical illness or old age, and meritorious service to the government, such as cooperation that was not adequately rewarded. Rehabilitation in custody and circumstances the court could not foresee at sentencing may also count (Justice Manual 9-140.113).

How to ask for a commutation

  1. Check the basic requirements. The Justice Department’s form says the person must have a federal conviction (not state or military), must be under a federal prison or supervision term, and must not have a court challenge pending, such as a direct appeal or a motion under 28 U.S.C. § 2255 (the pending-challenge rule does not apply in capital cases). The Justice Manual adds that requests generally are not accepted until the person has started serving the sentence (Justice Manual 9-140.113).
  2. Look at other options first. Under 28 C.F.R. § 1.3, a commutation petition, including one for remission of a fine, should not be filed if other court or agency relief is available, unless there are exceptional circumstances. The Justice Department also asks whether a court could give the same result, for example through compassionate release under 18 U.S.C. § 3582(c)(1). Unlike a pardon, there is no five-year waiting period.
  3. Fill out the official form. The Petition for Commutation of Sentence is on the Office of the Pardon Attorney’s Apply for Clemency page. Forms are also available from federal prison wardens (28 C.F.R. § 1.1). Answer every question truthfully; a knowingly false statement can be a federal crime (18 U.S.C. § 1001).
  4. Submit it and keep it current. The form explains how to submit by email or mail. While the petition is pending, you can send updated information, and it is added to the case file (Office of the Pardon Attorney FAQ).

For a step-by-step guide, see how to apply for a commutation of sentence.

How often commutations are granted

The Justice Department’s numbers show how rare and how variable commutations are. President Nixon received 892 commutation petitions and granted 60. President Clinton received 5,488 and granted 61. President George W. Bush received 8,576 and granted 11. President Obama received 33,149 and granted 1,715, many through the 2014 Clemency Initiative. In his first term, President Trump granted 94, and President Biden granted 4,165 (Justice Department clemency statistics).

Getting help

A commutation petition should be specific, honest and backed by records. Because a claim of disparity or undue severity turns on how the sentence was set, it helps to understand how federal sentencing works. Criminal Center handles federal cases nationwide, including federal commutation and pardon petitions. No one can promise that the President will grant clemency.