Plain answers about presidential pardons and commutations for federal convictions, with the official source for each rule. This is general information, not legal advice.
Pardon or commutation: the basics
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 it has to go through that state's own process (DOJ Office of the Pardon Attorney FAQ).
Source: DOJ Office of the Pardon Attorney, Frequently Asked Questions.
Who can apply, and when
How long after prison does someone have to wait to ask for a pardon?
Justice Department rules say to wait at least five years after release from prison. If there was no prison sentence, the five years start on the date of conviction (28 C.F.R. § 1.2). The Department may waive the wait in some cases (Justice Manual 9-140.112).
Sources: 28 C.F.R. § 1.2; Justice Manual 9-140.000.
Can my husband apply for a pardon while he is still on supervised release?
Generally, no. The rules say a pardon petition generally should not be filed by someone who is on probation, parole, or supervised release. The five-year wait is counted from release from prison, not from the end of supervision (28 C.F.R. § 1.2).
Source: 28 C.F.R. § 1.2.
When can someone in federal prison ask for a commutation?
There is no five-year wait for a commutation. The Justice Department generally does not accept a request until the person has started serving the sentence (Justice Manual 9-140.113). The rules also say not to file if a court or agency could still give relief, unless the circumstances are exceptional (28 C.F.R. § 1.3).
Sources: Justice Manual 9-140.000; 28 C.F.R. § 1.3.
Can my son ask for a commutation while his appeal or 2255 motion is pending?
Usually not. The Justice Department generally does not accept commutation requests from people who are still challenging their conviction or sentence through an appeal or another court case (Justice Manual 9-140.113). The rules also say a commutation petition should not be filed while other court or agency relief is available, except in exceptional circumstances (28 C.F.R. § 1.3).
Sources: Justice Manual 9-140.000; 28 C.F.R. § 1.3.
If clemency is denied
If a pardon is denied, how long before we can apply again?
You may reapply 24 months after the date of the denial (DOJ Office of the Pardon Attorney FAQ). A new petition uses the current form, which is posted on the Office of the Pardon Attorney's Apply for Clemency page.
Sources: DOJ Office of the Pardon Attorney, Frequently Asked Questions; DOJ Office of the Pardon Attorney, Apply for Clemency.
If a commutation is denied, when can he ask again?
He may reapply 12 months after the date of the denial (DOJ Office of the Pardon Attorney FAQ). Commutation forms are available from the Office of the Pardon Attorney and from federal prison wardens (28 C.F.R. § 1.1).
Sources: DOJ Office of the Pardon Attorney, Frequently Asked Questions; 28 C.F.R. § 1.1.
Do we have to apply again when a new President takes office?
No. A pending petition stays open until a later President decides it, so you do not need to file a new one (DOJ Office of the Pardon Attorney FAQ; Justice Manual 9-140.111).
Sources: DOJ Office of the Pardon Attorney, Frequently Asked Questions; Justice Manual 9-140.000.
After the petition is filed
What happens after a clemency petition is filed?
The Justice Department investigates the request, which can include reports from other agencies such as the FBI (28 C.F.R. § 1.6). The Pardon Attorney routinely asks the U.S. Attorney's office in the district of conviction for its views, and that office may ask the sentencing judge too (Justice Manual 9-140.111). The Attorney General then sends the President a written recommendation, and the President makes the final decision (28 C.F.R. § 1.6).
Sources: 28 C.F.R. § 1.6; Justice Manual 9-140.000.
How can we check whether a petition is still pending?
Use the Office of the Pardon Attorney's online case search. If you have not received a denial notice from the Pardon Attorney, the Office says you may assume the petition is still pending (DOJ Office of the Pardon Attorney FAQ).
Sources: DOJ Office of the Pardon Attorney, Search for a Case; DOJ Office of the Pardon Attorney, Frequently Asked Questions.
Can we send new letters or records after the petition is filed?
Yes. While a petition is pending, you can send updated information by mail or email, and it is added to the existing case file. You do not need to file a new form (DOJ Office of the Pardon Attorney FAQ).
Source: DOJ Office of the Pardon Attorney, Frequently Asked Questions.
How will we find out if clemency is granted or denied?
If a pardon is granted, the person or their lawyer is told and the pardon warrant is mailed. If a commutation is granted, the warrant is sent through the prison, or straight to the person if they are on parole, probation, or supervised release (28 C.F.R. § 1.7). If clemency is denied, the Justice Department tells the person and closes the case (28 C.F.R. § 1.8).
Sources: 28 C.F.R. § 1.7; 28 C.F.R. § 1.8.
How long does the clemency process take?
There is no set timeline. The Office of the Pardon Attorney's FAQ gives no processing time; it says the Office makes every effort to resolve petitions in a timely manner, and that a pending petition can carry into the next President's term (DOJ Office of the Pardon Attorney FAQ).
Source: DOJ Office of the Pardon Attorney, Frequently Asked Questions.
What a pardon does and does not do
Does a pardon restore gun rights?
A federal pardon restores federal firearms rights, according to the Office of the Pardon Attorney. State, territorial, or tribal laws may still limit gun possession, so the Office says to check with those authorities. The Attorney General can also restore federal firearms rights under a separate law (18 U.S.C. § 925(c); DOJ Office of the Pardon Attorney FAQ).
Sources: DOJ Office of the Pardon Attorney, Frequently Asked Questions; 18 U.S.C. § 925(c).
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).
Source: DOJ Office of the Pardon Attorney, Frequently Asked Questions.
Does a pardon erase the conviction from the record?
No. A pardon does not expunge the conviction, so both the conviction and the pardon stay on the record. Expungement is a court remedy, and the President and the Justice Department cannot grant it (DOJ Office of the Pardon Attorney FAQ).
Source: DOJ Office of the Pardon Attorney, Frequently Asked Questions.
Does a commutation restore any rights?
No. A commutation shortens the sentence, but it does not change the conviction or remove the civil disabilities that come with it (DOJ Office of the Pardon Attorney FAQ; Justice Manual 9-140.113).
Sources: DOJ Office of the Pardon Attorney, Frequently Asked Questions; Justice Manual 9-140.000.
Immigration
Can a pardon stop deportation?
Sometimes, but not always. The Office of the Pardon Attorney says a pardon can remove the legal basis for removal only under some circumstances (DOJ Office of the Pardon Attorney FAQ). The law gives a full and unconditional pardon that effect for some removal grounds, such as aggravated felonies and crimes involving moral turpitude, but not for the separate ground for drug convictions (8 U.S.C. § 1227(a)(2)(A)(vi), (B)). Immigration law is complex, so non-citizens should get advice from an immigration lawyer before relying on a pardon.
Sources: DOJ Office of the Pardon Attorney, Frequently Asked Questions; 8 U.S.C. § 1227(a)(2).
Does a commutation help with immigration status?
No. The Office of the Pardon Attorney says a commutation has no effect on a person's immigration status (DOJ Office of the Pardon Attorney FAQ).
Source: DOJ Office of the Pardon Attorney, Frequently Asked Questions.
Federal marijuana possession pardons
My dad has an old federal marijuana possession conviction. Was he already pardoned?
He may have been. Two proclamations by President Biden pardoned simple possession, attempted simple possession, and use of marijuana under federal law and the D.C. Code, for offenses on or before December 22, 2023. The pardon covers people who were U.S. citizens or lawful permanent residents on that date, and it does not cover anyone who was not lawfully present in the United States at the time of the offense (Proclamation 10467; Proclamation 10688).
Sources: Proclamation 10467, 87 Fed. Reg. 61441 (Oct. 6, 2022); Proclamation 10688, 88 Fed. Reg. 90083 (Dec. 22, 2023).
How do we get proof of a marijuana possession pardon?
Ask the Office of the Pardon Attorney for a Certificate of Pardon, which is proof of the pardon. Its Apply for Clemency page has an online application and a downloadable form under "Simple Possession of Marijuana" (DOJ Office of the Pardon Attorney, Apply for Clemency). The proclamations direct the Attorney General, through the Pardon Attorney, to issue certificates to eligible applicants (Proclamation 10467; Proclamation 10688). Like any pardon, it does not erase the conviction.
Sources: DOJ Office of the Pardon Attorney, Apply for Clemency; Proclamation 10467, 87 Fed. Reg. 61441 (Oct. 6, 2022); Proclamation 10688, 88 Fed. Reg. 90083 (Dec. 22, 2023).
Does the marijuana pardon cover selling marijuana or a state conviction?
No. The proclamations cover only simple possession, attempted simple possession, and use. They do not cover possession with intent to distribute, other drug offenses, or driving under the influence of marijuana (Proclamation 10688). A President's pardon also cannot reach a state conviction (DOJ Office of the Pardon Attorney FAQ).
Sources: Proclamation 10688, 88 Fed. Reg. 90083 (Dec. 22, 2023); DOJ Office of the Pardon Attorney, Frequently Asked Questions.
Getting help
Do we need a lawyer to apply for clemency?
No. The Office of the Pardon Attorney says the process is meant to be open to all eligible applicants, and most people who apply do not have a lawyer. The forms and instructions are on its website, and its staff can clarify questions about the form but cannot give legal advice (DOJ Office of the Pardon Attorney FAQ).
Sources: DOJ Office of the Pardon Attorney, Frequently Asked Questions; DOJ Office of the Pardon Attorney, Apply for Clemency.