If you hope to seek clemency one day, begin learning before you need to submit a petition. Give yourself time to understand the relief available, think through the result you want, and consider how your preparation could support that request.
Start with a few questions:
Do you want a shorter sentence?
Are you seeking forgiveness for a federal conviction?
Are you trying to address a particular consequence of that conviction?
Understanding the difference between a pardon and a commutation will help you decide what to study and how to organize your preparation.
At Prison Professors, we develop free lessons to help people become effective self-advocates. In this second lesson of our Executive Clemency series, I review the Department of Justice’s explanations of these two forms of relief. I encourage you to read those explanations yourself. The more you understand, the better prepared you will be to evaluate information, ask useful questions, and collaborate with anyone helping you prepare a petition.
Understand what you are requesting
A pardon expresses the President’s forgiveness for an offense. It does not establish innocence or erase the conviction from your record. It can restore certain rights lost because of the conviction and may help address barriers involving employment or professional licensing. It does not end separate civil proceedings.
A commutation reduces all or part of a sentence while leaving the conviction in place. The terms of the grant determine what changes. A reduction in imprisonment does not automatically eliminate restitution or change supervision, although a grant can include relief from unpaid criminal financial penalties.
These forms of relief can overlap in their effects. The President has authority to pardon a person even before a person begins serving a federal sentence, or before he finishes serving the sentence. Don’t assume that a pardon only applies to people after they’ve been released.
The more you understand about what you want, the more effectively you can build your plan. But remember that no one is entitled to clemency, whether it’s a pardon or a commutation. Further, remember that this lesson concerns federal clemency. The President cannot grant clemency for a state offense. If you are seeking relief from a state conviction, research that state’s process. State law determines whether the governor, a clemency board, or both participate in the decision. Either way, never underestimate the importance of preparation.
Learn from the official source
For federal cases, visit the Office of the Pardon Attorney’s frequently asked questions.
Begin with the question explaining pardons and commutations. As you read, keep a dated note of what you learn and the questions you still need to answer. If your concern involves a financial obligation or a restriction on employment, write down that concern specifically. You may want to participate in our free, interactive webinars. Although I am not a lawyer, I can show you how to find official guidance and use our educational resources to organize your preparation.
Use your notes when reviewing application instructions or speaking with someone who may assist you in preparing the petition. Studying the official guidance gives you a basis for evaluating advice and understanding what a proposed petition would ask the President to do.
Connect learning with preparation
Once you understand the relief you want, consider what someone reviewing your request could learn about your decisions and conduct over time.
What have you worked to improve?
How have you responded to setbacks?
What responsibilities are you preparing to accept?
At Prison Professors, we encourage members of our community to build and develop a profile on our website. Profiles give people a place to document what they study, how they contribute, and how they prepare for greater responsibility. Over time, those entries can help others understand the decisions they have made and the progress they have achieved.
No record guarantees clemency. Some people may work harder than others, and still not succeed at building a record that connects with the President. I’ve always believed that if your work has a better than zero percent chance of advancing you as a candidate for the relief you want, do the work.
Be intentional.
Choose what you will do next
This week, identify the relief you want, write down one question you need to research, and record what you learn from the official guidance.
Our free lessons and Profiles resources at PrisonProfessors.org can help you organize this work through journal entries, book reports, and a release plan. When preparing a petition, you can draw from that record to explain your progress and select relevant supporting material. Maintaining a profile does not submit an application; follow the government’s instructions for providing material you want considered.
Join me every Wednesday at 7:00 p.m. Eastern for our free interactive webinar. We explore how to use our lessons, courses, and other resources to prepare for the opportunities ahead. You can watch without signing up.