Pardons and Clemency

Federal clemency is a presidential power that can reduce or forgive consequences of federal criminal convictions. A pardon forgives an offense. A commutation reduces a sentence. Other forms can include reprieves and remission of fines or forfeitures.

The federal pardon power applies to federal offenses, not state crimes. It does not erase historical facts, undo impeachment, decide civil liability by itself, or control state courts. It can change legal consequences, but it does not rewrite the public record of what happened.

Many clemency requests go through the Department of Justice Office of the Pardon Attorney, which reviews petitions and prepares recommendations. The President has the final constitutional power, and clemency decisions may also happen outside the ordinary review timeline.

Clemency can be misunderstood because the words pardon, commutation, expungement, and forgiveness are often used loosely. Check the official grant, the conviction, the sentence, the type of clemency, the date, and whether the action was federal or state.

A pardon, commutation, remission, or reprieve can change the legal consequences of a federal conviction or sentence. The power belongs to the President for federal offenses, not state crimes. Clemency can correct harsh results, recognize rehabilitation, address inequities, or become controversial when the public believes access, politics, or favoritism influenced the decision.

Look for the official clemency type, the offense, the sentence, the date, and whether the case was federal or state. A news story may use “pardon” broadly even when the official action was a commutation or another form of clemency.