26. Executive Clemency

Being intentional while going through any aspect of the criminal justice process means looking to the future. Consider the lasting consequences of a conviction, the forms of relief that may become available, and the work you can begin today to strengthen a future request.

When I began thinking about the people who would influence my future, I included the U.S. Pardon Attorney. I imagined someone reviewing my record years later.

• What would that person know beyond the crimes that brought me to prison?
• What could I begin doing to give that person reasons to support a request for mercy?
• If I was going to file a clemency petition, how could I strengthen it?

Those questions helped me think beyond the sentence. They encouraged me to educate myself, contribute to others, and build relationships. I needed to build a body of work that would show how I had responded to confinement.

You can begin developing that same approach before knowing whether or when you will seek clemency.

Understand the President’s Authority

Executive clemency allows the President to grant relief from federal criminal punishment. Article II, Section 2 of the Constitution establishes this authority.

The President has broad, independent discretion and can act without a recommendation from the Department of Justice. Although the Department’s procedures guide its review of petitions, they do not restrict the President’s constitutional authority.

Within its constitutional scope for federal offenses, the clemency decision belongs to the President.

For most people entering the federal system, two forms of clemency deserve attention: commutations and pardons.

Commutations and Pardons

A commutation reduces all or part of a sentence. For example, the President might shorten a prison term or commute the remaining imprisonment to time served. The conviction remains. A commutation does not establish innocence.

The terms of the grant determine what changes. A reduction in imprisonment does not automatically eliminate supervised release, restitution, or other parts of the sentence.

A pardon expresses presidential forgiveness. It can relieve legal consequences arising from the offense and may help with employment, licensing, or other opportunities. A pardon does not erase the conviction from the criminal record or declare the person innocent.

Someone serving a prison sentence may seek a commutation to shorten confinement. Someone who has completed a sentence may seek a pardon to address continuing consequences or obtain recognition of forgiveness. These examples describe common purposes. But they do not limit the President’s authority.

The President has the ultimate authority on whether, when, or why to grant clemency.

Learn the Department of Justice Process

The Office of the Pardon Attorney receives petitions, reviews information, and assists the President. The Department provides application forms and instructions on its website. You do not have to hire an attorney to apply.

Begin with the current instructions for the relief you seek. Review eligibility requirements, requested records, and submission procedures. For example, the standard commutation application generally requires that no appeal or other court challenge to the conviction or sentence remain pending.

Explain the relief you request and the reasons supporting that request. Provide complete answers, supporting documents, and information about your circumstances.

The Department may investigate the application and request comments from the prosecutor or sentencing judge. A pardon review may include an FBI background investigation. The Department then makes a recommendation, and the President decides.

Keep a copy of your submission. While the petition remains pending, update the office about significant developments, such as employment, additional accomplishments, or changes in your contact information. Filing a petition does not guarantee a favorable decision.

Build the Work Behind the Petition

Think about applying for a position that requires experience. Writing the application is important, but to give the petition weight, you should build a compelling record over time. A clemency petition gives you an opportunity to explain why you’re a good candidate, but never underestimate the challenge. To succeed, you must have a strategy that will convince the President of the United States to grant clemency.

The Justice Department’s published considerations include conduct, rehabilitation, responsibility, and the circumstances supporting relief. Your comprehensive mitigation strategy can help you develop evidence relevant to those considerations.

For example, someone might begin by improving reading skills, complete a course, and then help others study. Journals could explain what the person learned. Certificates could document completion. A teacher or supervisor could describe the contribution. Over time, those steps create a fuller account than a statement that the person has changed.

Consider what your own record could show:

• How have you addressed the decisions and harm associated with your offense?
• What have you learned and applied?
• How have you contributed to others?
• Who can describe your progress through firsthand experience?
• What plan supports the life you intend to build?

Prison Professors offers free information about preparing for clemency to help you organize material for a petition. Use those resources alongside the Department of Justice’s current instructions.

Continue building your biography, journals, book reports, and release plan. That work may strengthen a clemency request while also preparing you for employment, family responsibilities, and other opportunities. Begin with the future you want, identify steps you can take today, and keep adjusting your strategy as you progress.