Waiting without a letter is not a federal clemency denial. The 30-day rule starts when an adverse recommendation is submitted to the President, not when you file. The public case search does not show that date. It says the details of a pending review cannot be shared.

Two ways a case is closed as a denial

The rule is 28 C.F.R. § 1.8. It describes notice. It does not give a right to clemency, and it does not limit the President (28 C.F.R. § 1.11). Only the President can grant a pardon or a commutation for an offense against the United States (U.S. Const. art. II, § 2, cl. 1).

There are two paths in § 1.8.

  • If the President tells the Attorney General that a request is denied, the Attorney General tells the petitioner and closes the case (§ 1.8(a)).
  • Except when a death sentence has been imposed, a second path can close the case without further action by the President. It applies when the Attorney General recommends denial and, within 30 days after that recommendation is submitted, the President does not disapprove it and does not take other action on it. The rule then presumes that the President concurs. The Attorney General tells the petitioner and closes the case (§ 1.8(b)).

The Pardon Attorney prepares a report and recommendation for submission to the President (Justice Manual 9-140.110). The Attorney General reviews the petition and the investigation and reports in writing whether, in the Attorney General's judgment, the President should grant or deny (28 C.F.R. § 1.6(c)). Section 1.8(b) is about an adverse recommendation. It does not treat silence after a recommendation to grant as a denial.

The President decides. These regulations advise Department staff (28 C.F.R. § 1.11).

What you can see while you wait

The Pardon Attorney FAQ, updated September 9, 2026, says that if you have not received a denial notification, you may assume the application remains pending. That includes a petition still open when a President leaves office. Do not file a second copy of a petition that is still pending. New letters can be added to the open file.

The public clemency case search uses four labels: Pending, Granted, Denied, and Administratively Closed. Pending means a case is open and under review. The page says the details of that review cannot be shared. How to read those labels is a separate guide. The search page states that its database was current as of November 2, 2026.

Administratively Closed is not a presidential denial. The search page defines it as a close without presidential action because of the petitioner's death, unresponsiveness, foreign residency, withdrawal of the petition, a direct appeal, or a case in which clemency cannot provide the relief sought. The FAQ lists when an application must be closed without a presidential decision: the applicant withdraws it; the applicant repeatedly fails to respond to a request for required information; the applicant dies; the office learns the applicant no longer lives in the United States; or, on a commutation petition that asks only to reduce a prison term, the applicant is released from federal prison while the petition is being processed.

A grant is a different notice. For a pardon, the warrant is mailed to the petitioner. For a commutation, the warrant goes through the officer in charge of the place of confinement, or directly to the petitioner if the person is on parole, probation, or supervised release (28 C.F.R. § 1.7).

The FAQ also says there is no hearing. If the President does not issue a public statement, the Department does not give the reason for a grant or a denial. The commutation petition in use, dated December 2023, says there is no appeal from a denial (Petition for Commutation of Sentence).

A death sentence is outside the 30-day presumption

Section 1.8(b) says the presumption does not apply when a sentence of death has been imposed.

A separate section covers a person under a federal death sentence (28 C.F.R. § 1.10). It says only one request for commutation of that death sentence will be processed to completion, unless exceptional circumstances are clearly shown. The filing windows in that section, including the timing after the Bureau of Prisons sets an execution date, are summarized on what a reprieve is.

Victim notice, when the rule calls for it, includes notice of whether the President grants or denies the request. That contact rule is 28 C.F.R. § 1.6(b), covered in when a petition can trigger victim notice.

Filing again after you are told no

The FAQ says you may file again after a denial. For a commutation, the wait is 12 months after the date of denial. For a pardon, the wait is 24 months after the date of denial. The new application is a place to report what has changed.

That clock runs from the denial, not from the day you first applied, and not from a stretch of silence. Until you receive a denial notice, the FAQ treats the petition as still pending.

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