Clemency, Pardons, Commutations

If you're going through the federal criminal justice system, you’ll likely want to earn freedom at the soonest possible. It may make sense for you to understand the concept of executive clemency—especially how it works for people who’ve been charged with federal crimes.

What Is Executive Clemency?

Executive clemency refers to the power of a chief executive—either a governor at the state level or the President of the United States—to grant relief from a criminal conviction or sentence. That relief may come in the form of a pardon, a commutation, or other types of mercy.

The U.S. Constitution, specifically Article II, Section 2, gives the President the authority to grant clemency:

“...and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

Although state governors have similar power, the Constitutional authority applies only to federal offenses. In other words, if you're serving time for a federal crime, only the President can grant you clemency. If you're in a state prison, it's usually the governor who holds that power.

I’ve frequently described the American criminal justice system as complex. Our country has 53 different criminal justice systems—one for each state, one for the District of Columbia, one for the military, and one for the federal government. Each system operates independently, with its own laws, procedures, and clemency mechanisms.

Pardon vs. Commutation

I’ll start with a brief description of a pardon and commutation, the two primary types of executive clemency:

Pardon:

A pardon is a form of forgiveness. It does not erase the conviction, but it does restore certain rights and remove some civil disabilities that come with a criminal record—such as the right to vote, hold public office, or possess firearms.

In the federal system, pardons are typically considered only after a person has completed their sentence and remained law-abiding for at least five years. Under President Trump, however, those policies aren’t rigid. He has granted pardons to people still in prison, and even some before sentencing began.

Commutation:

A commutation shortens the sentence of someone currently in prison. It doesn’t erase the conviction or restore rights—it just reduces the punishment. As a person serving a 45-year sentence, I applied for a commutation under President Clinton, under President Bush, and under President Obama. Those presidents did not act on my clemency petition, which could have meant liberty for me decades earlier. I understood that although I had the right to apply for clemency, I couldn’t expect a president to commute my sentence.

Times are better now.

Where Does the Executive Clemency Process Begin?

In the federal system, most clemency applications start with the Office of the U.S. Pardon Attorney, part of the Department of Justice. This office reviews applications and makes recommendations to the President.

Whether you're applying for a pardon or a commutation, the first step is to download the correct form from DOJ.gov. A simple online search for “clemency application DOJ” will take you to the official site with instructions and forms.

Here’s what to expect:

1. Commutation Application – for those still in prison, seeking a sentence reduction.
   
   
2. Pardon Application – for those who have completed their sentence and want restoration of rights.
   
   

How to Build a Strong Clemency Case

There is no right to clemency. The President is under no obligation to act, no matter how deserving a person may seem. But every person has the right to apply.

What matters most is how well you tell your story. You need to show:

• Genuine remorse
  
  
• Evidence of rehabilitation
  
  
• A history of contributing to society
  
  
• A clear, consistent plan for success
  
  

That's why at Prison Professors, we encourage people to document their journey. Through our platform, Prison Professors Talent, individuals can create a profile that showcases their progress, goals, and preparation for success.

Building a profile serves two key purposes:

1. It helps the person reflect and demonstrate a commitment to personal development.
   
   
2. It builds a public case that supporters, advocates, and decision-makers can review.
   
   

Values-Based Lesson: Take Initiative

Don’t wait for someone to come rescue you. Take a deliberate approach to apply for clemency, building a case to show your preparation, discipline, and character. Use every tool available:

• Learn the law.
  
  
• Study your case.
  
  
• Build your reentry plan.
  
  
• Document your growth.
  
  

If you aspire for clemency, use the CEO mindset that we teach through all our courses:

1. Come up with a plan.
2. Prioritize your action steps.
3. Build tools, tactics, and resources.
4. Measure your progress.
5. Adjust the plan when necessary.
6. Execute the plan daily.
7. Use your progress to generate support.

Reflection Activity

• What have you done today to prepare for the possibility of clemency?
  
  
• How are you demonstrating your commitment to rehabilitation and success?
  
  
• Who in your life could support your clemency effort with a letter or testimonial?
  
  

Quote of the Day

“The best way to predict your future is to create it.” — Abraham Lincoln

Self-Directed Questions

Use these questions to write in your journal or build your profile on Prison Professors Talent:

1. Why do I believe I’m a good candidate for clemency?
   
   
2. How have I grown since my conviction?
   
   
3. What are three goals I’ve set to prepare for life after prison?
   
   
4. Who can I reach out to for support in my clemency journey?
   
   
5. What message would I want the President to read about me?
   
   

If you’re serious about preparing for executive clemency, let your actions speak for you. At Prison Professors, we’re here to help you tell your story the right way.

👉 Start building your profile today on Prison Professors Talent.

You never know who may be watching—or who may one day have the power to grant your freedom.

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