Under federal law, those convicted of federal crimes can seek post-conviction “pardons” or “sentence commutations.” The power to grant applications for pardons and sentence commutations rests with the Department of Justices’s Office of the Pardon Attorney. The Pardon Attorney is generally selected by the president.

Pardons and sentence commutations are distinct from each other. While a pardon does not erase a criminal conviction, it does restore a person’s civil rights, including their right to vote, own a firearm, and be able to obtain certain licenses and jobs. Usually, but not always, a pardon comes after a person has served their sentence and shown rehabilitation.

While the president of the United States has the discretion to pardon anyone at any time, most convicted persons have to submit an application to the Office of the Pardon Attorney to get considered for a pardon. They also have to meet certain requirements.

Generally, the Pardon Attorney requires that five years have passed since an individual completed their sentence, that there be no pending charges or active investigations, and that the individual shows rehabilitation. A petition for a pardon should also contain detailed personal information about the petitioner and documentation showing their rehabilitation and other reasons supporting their request for a pardon.

A sentence commutation does not erase a criminal conviction either, nor does it restore a convicted person’s civil rights. A sentence commutation is essentially a sentence reduction, usually reducing an inmate’s sentence to time served or substantially reducing the amount of time left on an inmate’s sentence.

As with pardons, the president has wide discretion to grant sentence commutations to whoever he wants, whenever he wants. Most individuals seeking a sentence commutation will need to request one from the Office of the Pardon Attorney, however, which means submitting an application online or to the Pardon Attorney.

A petition for a sentence commutation must provide detailed information about the inmate’s rehabilitation, support system, and the reasons why a sentence reduction is warranted. Presidents have granted sentence commutations for a broad variety of reasons, including in cases where inmates are serving excessively long sentences under outdated laws, where inmates have serious medical or terminal illnesses, or where inmates have shown exceptional rehabilitation.

You are not required to have an attorney to request a sentence commutation or pardon. You do not have to pay a fee either. 

An application for a pardon or sentence commutation can be submitted online at https://www.justice.gov/pardon or mailed to: 

Office of the Pardon Attorney

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530

While you do not have to have an attorney to seek clemency, an experienced federal attorney can help maximize your chances of obtaining a sentence commutation or pardon. For example, an attorney can help find and cite cases like yours where petitioners have been granted clemency, they can identify changes in the law that support your request, and they can prepare a comprehensive and detailed petition. 

Contact our experienced federal criminal attorneys if you or a loved one is seeking clemency.