What is a presidential pardon, commutation of sentence? What to know

On December 13, 2024By Littum

President Joe Biden announced Thursday that he is commuting the sentences of nearly 1,500 people placed on home confinement during the COVID pandemic and pardoning 39 others convicted of non-violent crimes in what the White House called the largest single-day clemency in modern history.

The actions come less than two weeks after Biden pardoned his son, Hunter, for gun and tax crimes, igniting a bipartisan backlash and criticism from criminal justice activists who argued that others more worthy of a reprieve lack the same family connections .

Biden said in the statement Thursday that he will “take more steps in the coming weeks” and continue to review clemency petitions to promote “equal justice under the law, promote public safety, support rehabilitation and reentry, and provide meaningful opportunities.”

Biden said that many of the 1,500 people whose sentences he is commuting “would receive lesser sentences if charged under today’s laws, policies and practices” and that they “have successfully reintegrated into their families and communities and have shown that they deserve a second chance.”

The 39 people being pardoned have shown “commitment to making their communities stronger and safer,” the president said. Most were convicted of drug offences.

What is a presidential pardon and commutation? Here’s what you need to know.

What is the difference between a commutation and a pardon?

A commutation of sentence and pardon are different forms of executive clemency, according to the U.S. Department of Justice.

Executive clemency is a broad term that applies to the president’s constitutional power to exercise clemency against people who have committed federal crimes, according to the DOJ.

Transformation of sentence

A sentence commutation “reduces a sentence, either in whole or in part, which is then served, but it does not change the fact of conviction, suggest innocence, or remove civil disabilities that apply to the convicted person as a result of the criminal conviction,” the DOJ says.

In addition, a sentence commutation may include the removal of any financial obligations imposed as part of a sentence, such as a fine or restitution, and has no effect on a person’s immigration status and will not prevent removal or deportation from the United States

Pardon

Pardons can also serve as an “expression of presidential pardon,” the DOJ notes. They are often given “in recognition of the applicant’s acceptance of responsibility for the crime and established good behavior for a significant period after conviction or completion of sentence.”

Although a pardon does not imply innocence, it removes the civil disability—such as restrictions on the right to vote, hold state or local office, or serve on a jury—imposed because of the conviction for which the pardon is sought, and “should lessen” the stigma of judgment,” according to the DOJ.

In some circumstances, a pardon will eliminate the legal basis for removal or deportation from the United States, the DOJ notes.

Who can apply for sentence commutation or pardon?

To be eligible to apply for a sentence commutation, a person must report to prison to begin serving their sentence and must not challenge their sentence in court, the DOJ says.

“A person is not eligible to apply for a presidential pardon until at least five years have passed after (their) release from any form of confinement imposed on (them) as part of a sentence for (their) most recent criminal conviction, whether or not no, that’s the conviction for which (they) are seeking a pardon,” the DOJ’s website reads.

Gabe Hauari is a national trending news reporter at USA TODAY. You can follow him on X @GabeHauari or email him at [email protected].