Pardon vs Commutation: What’s the Difference?

What Is Clemency?

Clemency is the umbrella term for any act of leniency or mercy granted by an executive authority (President or Governor) that reduces or eliminates the legal consequences of a criminal conviction or charge. 

Think of clemency as the category, and pardons, commutations, reprieves, and remissions as the specific types within it. 

The Four Main Types of Clemency

• Pardon: forgives the offense and can restore civil rights. 
• Commutation: reduces the severity of the sentence without eliminating the conviction. 
• Reprieve: a temporary delay of punishment, often to allow time for: 1) Further legal review, 2) New evidence to be considered, 3) A pending appeal or clemency petition to be decided
  
  1. Example: A governor grants a 30-day reprieve of an execution to allow DNA testing.
  2. Key distinction: A reprieve does not reduce or eliminate the sentence, it just postpones it. ‍
• Remission (or Remittal): eliminates or reduces fines, penalties, or forfeitures without addressing the underlying conviction or sentence.  ‍
  
  • Example: The President remits $50,000 in federal fines owed by a convicted defendant, but the conviction and prison sentence remain.

What Is a Federal Pardon?

A federal pardon is an official act of presidential forgiveness for a federal crime. It is not an expungement or erasure of the conviction, the criminal record remains, but the pardon demonstrates that the person has been forgiven and has earned a second chance. The pardon represents the President’s determination that the person  has demonstrated rehabilitation and deserves to have the conviction stigma reduced. 

All terms of imprisonment, probation, parole, and supervised release must be fully completed. There is a 5-year waiting period; if imprisoned: 5 years from date of release from incarceration. If no imprisonment: 5 years from date of sentencing (both are DOJ regulation (28 CFR § 1.2), not a constitutional requirement).

Recent Federal Pardon Examples

1. Hunter Biden (December 1, 2024)
   
   • Who: President Biden's son
   • Convictions: Federal tax evasion and gun charges (convicted earlier in 2024)
   • Pardon: Full and unconditional pardon
   • Impact: Highly controversial; widely criticized as nepotism despite Biden's stated belief that Hunter was selectively prosecuted.
2.  Ross Ulbricht (January 21, 2025)
   
   • Who: Founder of Silk Road, a dark web marketplace
   • Convictions: Distributing narcotics, engaging in a continuing criminal enterprise, conspiring to commit computer hacking, money laundering (convicted 2015)
   • Sentence: Life in prison without parole
   • Pardon: Full and unconditional pardon
   • Impact: Ulbricht was immediately released after serving over 11 years. Trump framed the pardon as correcting prosecutorial overreach and fulfilling a campaign promise to Libertarian supporters. Prosecutors had alleged at least six deaths were attributable to drugs bought on Silk Road.
3. January 6 Defendants (1,500 pardons, January 20, 2025)
   
   • Who: Individuals charged with or convicted of offenses related to the January 6, 2021 Capitol attack
   • Pardon: Mass pardons on Trump's first day in office, including people convicted of violent crimes against law enforcement
   • Impact: Highly controversial; widely condemned by police unions and Capitol officers. Trump framed the pardons as correcting “weaponization” of the justice system. The Fraternal Order of Police and International Association of Chiefs of Police issued a joint statement condemning clemency for criminals who assault law enforcement.

What Is a Sentence Commutation?

A sentence commutation is an act of executive mercy that reduces or eliminates a criminal sentence without overturning the underlying conviction. The person remains a convicted felon, but their punishment, prison time, fines, supervised release, or other penalties, is shortened or removed entirely.

Key Point: A commutation reduces the severity of a sentence without voiding the conviction itself, the criminal record stays intact, and most collateral consequences of conviction remain in effect.

What a Commutation Is:

• Reduction or elimination of punishment: prison time can be cut short (e.g., life sentence reduced to 20 years, or immediate release).
• ‍Relief from ongoing penalties: fines, restitution, or supervised release can be reduced or eliminated.
• ‍Immediate freedom (in many cases): if commuted to “time served,” the person is released immediately. 

What a Commutation Is Not:

• Forgiveness of the crime: conviction remains on a person's record.
• Restoration of civil rights: voting rights, gun ownership, and other civil rights are not.
• Expungement: the criminal record is not erased or sealed.
• A declaration of innocence: a commutation is an act of mercy, not exoneration. 

Recent Commutation Examples

1. 37 Federal Death Row Inmates (December 23, 2024)
   
   • Who: 37 of 40 men on federal death row
   • Commutation: Death sentences commuted to life imprisonment without the possibility of parole
   • Impact: Biden did not commute the sentences of three men who were involved in cases of terrorism or hate-fueled mass murder, including Robert Bowers (Pittsburgh synagogue shooting), Dylann Roof (Charleston church shooting), and Dzhokhar Tsarnaev (Boston Marathon bombing). Biden stated: “In good conscience, I cannot stand back and let a new administration resume executions that I halted”.
2. George Santos (October 17, 2025)
   
   • Who: Former New York congressman convicted of wire fraud and identity theft
   • Sentence: More than seven years in prison
   • Commutation: Sentence commuted, ordering immediate release
   • Impact: Santos pleaded guilty to wire fraud and identity theft last year. Trump commuted his prison sentence in mid-October. Santos was released after serving only a few months, but his conviction remains on his record.

Common Misuse of Clemency and Pardon

How Media Gets It Wrong

• Example 1: The Headline Swap
  
  • Headline: “President Pardons 1,500 Drug Offenders”
  • Reality: The President commuted their sentences (released them early), but their convictions remain intact.
  • Why it matters: Readers assume these individuals had their records cleared and rights restored. In fact, they're still convicted felons who cannot vote, own firearms, or hold certain jobs.
• Example 2: The Blanket Term
  
  • News Report: “The governor granted clemency to 20 inmates.”
  • What's missing: Did they receive pardons (forgiveness + rights restored) or commutations (early release only)?
  • Why it matters: The legal and practical consequences are vastly different. A pardon can help someone rebuild their life; a commutation just gets them out of prison.
• Example 3: The Retroactive Mislabeling
  
  • Common phrasing: “Obama pardoned more people than any modern president.”
  • Accurate phrasing: “Obama granted more commutations than any modern president” (1,715 commutations vs. 212 pardons).
  • Why it matters: This conflation obscures the fact that Obama's clemency initiative focused on sentence reduction for nonviolent drug offenders, not on clearing their records.

The Takeaway

Clemency = the power to show mercy (the umbrella).

Pardon = one tool within that power (forgiveness).

When you see “pardon” in a headline, ask: Is this actually a pardon, or is it a commutation? The answer changes everything, from voting rights to employment prospects to immigration status.

Which One Applies to Your Situation?

Whether you should seek a pardon or a commutation depends primarily on where you are in your sentence and what relief you need.

If You Are Currently Incarcerated or on Supervised Release/Probation

• You likely need a COMMUTATION
• Why: Commutations are designed to reduce or eliminate sentences for people who are actively serving time. A pardon is typically reserved for people who have completed their sentences.
• What a commutation can do for you:
  
  • Get you released from prison immediately (if commuted to “time served”)
  • Reduce your remaining prison time
  • Eliminate or reduce supervised release, probation, or parole
  • Reduce or eliminate fines and restitution
• What a commutation CANNOT do for you:
  
  • Clear your criminal record
  • Restore your civil rights (voting, gun ownership, jury service)
  • Remove employment, housing, or licensing barriers
  • Prevent deportation (if you're a non-citizen)

Next step: Call our office about filing a commutation petition. For federal cases, you can apply through the Office of the Pardon Attorney. For state cases, check your state's clemency process.

If You Have Completed Your Sentence (Including Probation/Supervised Release)

• You likely need a PARDON
• Why: Pardons are typically granted to people who have finished serving their sentences and want to restore their rights or clear their records.
• What a pardon can do for you:
  
  • Restore civil rights (voting, jury service, public office)
  • May restore gun ownership rights (jurisdiction-dependent)
  • Remove or reduce employment and housing barriers
  • Facilitate expungement or sealing of your record
  • Provide symbolic forgiveness and reputational restoration
  • May prevent deportation (if you're a non-citizen)
• What a pardon CANNOT do for you:
  
  • Automatically erase your record (you may need to petition separately for expungement)
  • Provide financial compensation for time served
  • Guarantee that all collateral consequences will be eliminated

Next step: Call our office about filing a pardon petition. For federal cases, the DOJ traditionally recommends waiting at least 5 years after completing your sentence. For state cases, check your state's requirements.

The Limits to What Clemency Can Accomplish

1. Criminal Records
   
   1. What People Think: “If I get a pardon, my record will be erased and no one will ever know I was convicted.”
   2. The Reality: Pardons do NOT automatically erase your criminal record.
   3. What actually happens:
      
      • Your conviction remains in FBI databases, court records, and commercial background check databases.
      • The record will typically be marked as “pardoned” but not deleted.
      • Employers, landlords, and licensing boards conducting background checks will still see the conviction, though they'll also see that it was pardoned.
   4. Why this matters:
      
      • You may still need to disclose the conviction on applications (depending on how the question is phrased).
      • Some employers and landlords may still view a pardoned conviction negatively, even though the legal consequences have been eliminated.
   5. What you CAN do:
      
      • Petition for expungement or sealing separately (if your jurisdiction allows it). A pardon often makes expungement easier or automatic, but it's usually a separate legal process.
      • Explain the pardon on applications. Many employers and licensing boards view pardons favorably as evidence of rehabilitation.
2. Immigration & Deportation
   
   1. What People Think: “If I get a pardon, I won't be deported.”
   2. The Reality: A pardon MAY help prevent deportation, but there are no guarantees.
   3. Why immigration is complicated: Immigration law is federal, and deportation (removal) is based on specific categories of offenses called "grounds of inadmissibility" and "grounds of deportability." Whether a pardon eliminates a conviction for immigration purposes depends on:
      
      • The type of offense (aggravated felony, crime involving moral turpitude, controlled substance offense, etc.)
      • The jurisdiction (federal vs. state pardon)
      • How immigration courts interpret the pardon
   4. When a pardon MAY help:
      
      • State pardons for state convictions: Some immigration courts recognize state pardons as eliminating the conviction for immigration purposes—but only if the pardon is based on innocence or a procedural defect, not mercy.
      • Federal pardons for federal convictions: A presidential pardon may eliminate a federal conviction for immigration purposes, but this is not guaranteed.
   5. When a pardon will NOT help:
      
      • Aggravated felonies: Even if pardoned, some aggravated felonies remain grounds for deportation under immigration law.
      • Controlled substance offenses: Immigration law has strict rules about drug convictions, and pardons often do not eliminate deportability.
      • Pardons based on mercy: If the pardon is granted as an act of mercy (rather than a finding of innocence), immigration courts may still treat the conviction as valid for removal purposes.
3. Firearms Rights
   
   1. What People Think: “If I get a pardon, I can own a gun again.”
   2. The Reality: A pardon MAY restore your gun rights, but it depends on federal and state law.
   3. What you CAN do:
      
      • Request that the pardon expressly restore your gun rights (if you're applying for a pardon).
      • Consult a firearms attorney before attempting to purchase or possess a firearm after receiving a pardon.
      • Petition your state separately to restore gun rights (if your state allows it).
4. Employment and Background Checks
   
   1. What People Think: “If I get a pardon, I can answer ‘no’ to 'Have you ever been convicted of a crime?”
   2. The Reality: It depends on how the question is phrased and your jurisdiction.
   3. If the question asks:
      
      • “Have you ever been convicted of a crime?”
        
        1. In some jurisdictions, you can answer “No” after a pardon (because the conviction has been forgiven). 
        2. In others, you must answer “Yes” but can explain the pardon.
      • “Have you ever been convicted of a crime that has not been expunged or pardoned?” 
        
        1. You can answer “No” (the pardon is explicitly recognized).
      • “Have you ever been arrested or charged?” 
        
        • You must answer “Yes” (a pardon does not erase arrests or charges, only convictions).
   4. Ban-the-Box laws: Many states and cities have “ban-the-box” laws that prohibit employers from asking about criminal history on initial applications. However, employers can still conduct background checks later in the hiring process and will see your conviction marked as “pardoned.”
5. Professional Licensing
   
   1. What People Think: “If I get a pardon, I can automatically get my professional license (lawyer, nurse, teacher, etc.).”
   2. The Reality: A pardon does NOT guarantee that a licensing board will approve your application.
   3. Why:
      
      • Licensing boards have discretion to deny licenses based on "moral character" or "fitness to practice."
   4. Even with a pardon, boards may consider:
      
      • The nature of the offense
      • How long ago it occurred
      • Evidence of rehabilitation
      • Whether the offense relates to the profession (e.g., financial crimes for accountants, drug offenses for nurses)
   5. What a pardon DOES do:
      
      • Removes the automatic disqualification that many licensing statutes impose on convicted felons.
      • Provides strong evidence of rehabilitation that boards often weigh favorably.
   6. What you MUST do:
      
      • Research your state's licensing requirements and whether a pardon removes conviction-based barriers.
      • Consult a licensing attorney before applying.