Pardons, commutations, the official process, and the 2026 reality.
THE COMPLETE GUIDE TO
Federal Executive Clemency
Pardons, Commutations, Remissions & Reprieves
The Official Process, the 2026 Reality, and What Inmates and Families Need to Know
What Is Executive Clemency?
Article II, Section 2 of the U.S. Constitution gives the President the power to grant clemency for federal offenses. This power is virtually unlimited – the President can pardon anyone, for any federal crime, at any time, and no court or Congress can override it. The only exception is impeachment.
Executive clemency can take several forms:
| Type | What It Does |
| Pardon | Official forgiveness for a federal conviction. Restores civil rights (voting, firearms, jury service) and removes legal disabilities of the conviction. Does NOT erase the conviction from your record – it remains but is marked as pardoned. Available only AFTER completion of sentence (including supervised release). Five-year waiting period required. |
| Commutation | Reduction of a sentence currently being served. Can reduce prison time, supervised release, or both. Does NOT imply innocence, does not remove the conviction, and does not restore civil rights. The inmate must be currently serving the sentence to apply. |
| Remission of Fine/Restitution | Reduces or eliminates unpaid financial penalties (fines, restitution). Only applies to amounts not yet paid. Can be requested as part of a commutation petition. |
| Reprieve | Temporary postponement of punishment. Extremely rare. Used historically to delay executions. |
⛔ WARNING: The President’s clemency power applies ONLY to federal convictions (U.S. District Courts and D.C. Superior Court). It does NOT apply to state convictions. If you have a state conviction, you must petition the Governor of the state where you were convicted.
The Official Process: How It Is Supposed to Work
The formal clemency process is governed by 28 C.F.R. Part 1 (§§ 1.1–1.11) and, for the BOP’s role, Program Statement 1330.15. Here is the step-by-step process as codified in federal regulations:
Petitioning for Commutation of Sentence (While Incarcerated)
Step 1: Confirm Eligibility
Before filing, confirm that you meet these three requirements:
You were convicted in a federal criminal court (not state or military).
A court has imposed a term of federal prison or supervision (parole, supervised release, or probation) that you are currently serving.
You do NOT have any court challenges currently pending against your conviction or sentence (no direct appeal, no pending 28 U.S.C. § 2255 motion). Exception: This requirement does not apply to petitions alleging that the sentence is unconstitutionally excessive.
Additional principle: Under 28 C.F.R. § 1.3, a commutation petition should not be filed if other forms of judicial or administrative relief are available, unless you can show exceptional circumstances. This means you should first consider: compassionate release under 18 U.S.C. § 3582(c), First Step Act earned time credits, administrative remedy for sentence computation errors, or a § 2241 habeas petition.
⚠ TIP: Commutation is an extraordinary remedy. The regulations say it is granted “only in the most exceptional circumstances.” Circumstances that have historically supported a commutation include: critical illness, severity of sentence (especially if sentencing law has since changed), ineligibility for parole, and meritorious service.
Step 2: Obtain the Forms
Request the commutation petition form from your Case Manager. Under BOP P.S. 1330.15 and 28 C.F.R. § 571.40, your case manager is required to provide you with the appropriate forms and instructions. Staff may not refuse to process your petition, even if they believe you are not eligible.
| Detail | What to Know |
| Commutation Form | Petition for Commutation of Sentence – available from your case manager, from the Office of the Pardon Attorney (OPA), or downloadable from justice.gov/pardon/apply-clemency. |
| Commutation Instructions | A separate instruction packet explains each question. Read it completely before filling out the petition. |
| Also Called | Form OPA-6 in some BOP references. The current version is simply titled “Petition for Commutation of Sentence.” |
Step 3: Complete the Petition
The petition asks for the following information. Answer every question completely and truthfully – any omission or false statement can be grounds for denial:
| Section | What to Provide |
| Personal Information | Full legal name, date of birth, register number, current institution. |
| Conviction Details | The offense(s), the court, the case number, the date of sentencing, the judge, the sentence imposed (including any supervised release or fines). |
| Criminal History | ALL prior arrests and convictions – federal, state, local, military, foreign, including traffic arrests and expunged convictions. Disclose everything. |
| Why You Deserve Commutation | In your own words, explain why the President should reduce your sentence. This is the heart of the petition. Be specific, honest, and compelling. |
| Prison Programs | Programs, classes, substance abuse treatment, institutional employment, and other activities completed while incarcerated. OPA will review BOP records, but include anything that might not be in those records. |
| Release Plans | Where you will live, employment plans, family support, community ties. Attach letters of support from family, employers, community leaders, attorneys, and others. |
| Signature | You must sign the petition under penalty of perjury. This is a legal declaration that everything in the petition is complete, truthful, and accurate. |
⛔ WARNING: Do NOT staple, glue, bind, or tape any part of the petition or supporting documents. If submitting electronically, documents must be scanned (not photographed) and submitted as PDFs.
Step 4: Submit Through the Warden
BOP P.S. 1330.15 strongly recommends submitting the petition through the Warden. This is not technically mandatory – you can mail it directly to OPA – but routing through the Warden allows BOP staff to compile and forward the required supplemental documents, which expedites processing.
When you submit through the Warden, your Case Manager has 30 calendar days to:
Document receipt on the Inmate Activity Record in your Central File.
Compile the required documents: the signed petition (Form OPA-6), your Pre-Sentence Investigation Report (if available), your Judgment in a Criminal Case, and your most recent existing Progress Report (staff do not need to create a new one).
Route the package for the Warden’s signature and forward it to the Office of the Pardon Attorney.
Medical emergencies: If a physician at your institution certifies a medical emergency, staff must expedite the petition at all levels. The documents can be transmitted via BOPNet or fax to OPA.
| Contact | Details |
| OPA Mailing Address | U.S. Pardon Attorney, 500 First Street NW, 4th Floor, Washington, DC 20530 |
| OPA Fax | (202) 616-6069 |
| OPA Phone | (202) 616-6070 |
Step 5: OPA Investigation and Review
Once OPA receives the petition, the Attorney General causes an investigation to be conducted. This includes obtaining reports from the FBI and other agencies. If there was a victim, OPA may notify them (by mailing to the last known address on file with BOP under 28 C.F.R. § 551.152).
The Pardon Attorney may also request the BOP Director to submit a recommendation on the petition. If so, the process flows through the BOP chain: the Assistant Director (Correctional Programs Division) contacts the Warden for comments; the Warden responds within 10 days; the Director reviews and forwards the BOP’s recommendation to OPA.
Step 6: Recommendation to the President
The Attorney General (or designee) reviews the petition and all investigative materials, then submits a written recommendation to the President – either to grant or deny. The President makes the final decision. There is no timeline for the President to act, and there is no appeal from a denial.
Step 7: If Granted
If the President grants the commutation, OPA forwards the original signed and sealed warrant of clemency to the Warden. The Warden delivers the warrant to the inmate and obtains a signed receipt (which is returned to OPA). BOP staff then recalculate the sentence in accordance with the commutation order. If the commutation grants parole eligibility, the inmate is placed on the appropriate parole docket.
Step 8: If Denied
OPA ordinarily notifies the Warden, who notifies the inmate of the denial. There is no formal appeal. However, you may file a new petition. Under 28 C.F.R. § 1.4, a person whose petition is denied may not file another petition for at least one year from the date of the denial, unless OPA authorizes an earlier filing (which can happen in cases involving deteriorating health or a change in circumstances).
Petitioning for a Pardon (After Completing Sentence)
Pardons are for people who have already completed their entire sentence, including supervised release. The process is similar but with key differences:
| Detail | What to Know |
| Waiting Period | You must wait at least FIVE YEARS after your release from confinement (or five years after the date of conviction if no prison time was imposed) before filing a pardon petition. |
| Form | Petition for Pardon After Completion of Sentence – a separate form from the commutation petition. Available at justice.gov/pardon/apply-clemency. |
| Submission | Mail directly to OPA. There is no BOP routing because you are no longer incarcerated. |
| Character References | You must provide at least three character references from people who can attest to your rehabilitation and good conduct since conviction. |
| What It Restores | Civil rights (voting in federal elections, jury service), firearms rights, removes employment barriers. It does NOT expunge or seal the conviction – it remains on your record, marked as pardoned. |
| Re-petition After Denial | You must wait at least TWO YEARS after a denial before filing again (28 C.F.R. § 1.4). |
The 2026 Reality: What Has Changed
The formal process described above remains the law. The forms are still available. The regulations have not been repealed. But the reality of how clemency works in 2026 has changed dramatically. Here is what you need to understand:
The Office of the Pardon Attorney Is Sidelined
In March 2025, the career Pardon Attorney (Elizabeth Oyer) was fired after refusing to recommend restoring firearm rights for a political ally. The OPA was once staffed by approximately 45 people. The current Pardon Attorney, Edward Martin, was installed as a political appointee and has been reported to appear at the office approximately once a week. In February 2026, reports indicated Martin was considering leaving the DOJ entirely.
The practical effect: petitions submitted through the traditional OPA process may sit without meaningful review. The five standards OPA historically applied – post-conviction conduct, seriousness of offense, acceptance of responsibility, punishment already served, and character references – are reportedly no longer being systematically applied.
The “Pardon Czar”
In February 2025, President Trump created a new position to recommend clemency candidates and appointed Alice Marie Johnson to the role. Johnson, who had her own life sentence for a nonviolent drug offense commuted by Trump in 2018 (later upgraded to a full pardon), operates out of the White House. This is a separate channel from OPA, and it is unclear what formal submission process, if any, exists through this office.
The Lobbyist Pathway
Reporting from the Wall Street Journal, New York Magazine, NBC News, and other outlets has documented that politically connected lobbyists are securing clemency for clients by presenting cases directly to the President and his inner circle. Reported fees range from hundreds of thousands to millions of dollars. This pathway exists entirely outside the formal OPA process and is not available to most federal inmates or their families.
★ 2026 REALITY: File through the official process anyway. Even if OPA is not actively processing petitions, having a petition formally on file means: (1) your case is in the system if the process is restored; (2) you have a documented record that you sought relief; (3) if a future initiative targets your category of offense, you may already be in the queue. The petition costs nothing to file.
What Families and Advocates Can Do
Families cannot file a clemency petition on the inmate’s behalf – the petition must be signed by the inmate under penalty of perjury. But families play a critical role:
Prepare the Petition
The petition can be drafted by a family member, consultant, or attorney and mailed to the inmate for review, signature, and submission. The substance – the narrative, the supporting documents, the letters of support – can all be prepared on the outside. The BOP explicitly permits inmates to receive assistance in preparing their petitions.
Gather Letters of Support
Strong letters of support are one of the most important elements. Collect letters from former employers, community leaders, clergy, family members, educators, anyone who can speak to the inmate’s character and rehabilitation. Each letter should address the inmate’s personal growth, the impact of continued incarceration on the family, and why clemency serves the interests of justice.
Organize Documentation
Compile copies of the Judgment in a Criminal Case, the sentencing transcript, any relevant changes in sentencing law since the conviction (this is powerful if the sentence would be shorter under current law), medical records (if health is a factor), certificates of program completion, and evidence of post-release plans (housing, employment offers, family support).
Contact Elected Officials
Congressional offices can write letters of support that are included with the petition. Contact both U.S. Senators for your state and your U.S. Representative. Some Members of Congress have staff dedicated to constituent services for federal inmates. A letter from a Member of Congress does not guarantee clemency, but it elevates the petition’s visibility.
Engage Media and Advocacy Organizations
Organizations such as FAMM (Families Against Mandatory Minimums), the Sentencing Project, CAN-DO (Clemency for All Non-Violent Drug Offenders), and others advocate for clemency-eligible inmates. Media attention on compelling cases has historically moved the needle. Family members can tell the inmate’s story publicly.
Consider a Clemency Attorney or Consultant
Attorneys and consultants who specialize in federal clemency understand the current landscape and can craft a petition that addresses the factors most likely to succeed in the current political environment. Unlike the administrative remedy process, a well-connected attorney may also be able to present a case through channels beyond OPA. This is not cheap, but for serious cases it may be the most effective investment.
The Honest Truth About Clemency
Here is what every inmate and family needs to understand:
Clemency is not a right. It is a discretionary act of mercy by the President. No one is entitled to it, and there is no judicial review of a denial.
The odds are long. Historically, even in administrations that prioritized clemency, the vast majority of petitions were denied. Under Obama (who granted 1,715 clemencies – the most in modern history), the denial rate was still over 90%.
Timing matters. Presidents tend to grant the most clemencies at the end of their terms. Filing early in a presidential term means your petition may sit for years.
Political considerations are real. Every administration has prioritized certain categories of cases (Obama: nonviolent drug offenders under old sentencing guidelines; Trump first term: cases with celebrity or political support; Trump second term: January 6 defendants, political allies, and cases with direct presidential interest).
The formal process still matters. Even when bypassed, having a petition formally on file creates a record and may make you eligible for future clemency initiatives.
Exhaust other remedies first. Before petitioning for clemency, seriously evaluate: compassionate release (§ 3582(c)), First Step Act time credits, § 2241 habeas for sentence computation errors, or a motion for sentence reduction if guidelines have changed. These remedies are more predictable and do not depend on presidential discretion.
⛔ WARNING: The petition is a sworn document signed under penalty of perjury. Any false statement – including omitted arrests or convictions – can be used as a reason for denial and potentially as a basis for additional criminal charges. Disclose EVERYTHING.
Key Legal References
| Citation | What It Covers |
| U.S. Const. Art. II, § 2 | The President’s clemency power: “Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.” |
| 28 C.F.R. Part 1 (§§ 1.1–1.11) | Federal regulations governing petitions for executive clemency. |
| 28 C.F.R. § 1.1 | Submission of petition; form to use; contents. |
| 28 C.F.R. § 1.2 | Eligibility for pardon – five-year waiting period after release. |
| 28 C.F.R. § 1.3 | Eligibility for commutation – exhaust other remedies first unless exceptional circumstances. |
| 28 C.F.R. § 1.4 | Re-petition after denial – one year (commutation) or two years (pardon) wait. |
| 28 C.F.R. §§ 571.40–571.41 | BOP regulations on processing commutation petitions. |
| BOP P.S. 1330.15 (CN-1) | Program Statement: Petition for Commutation of Sentence (8/23/2001, updated 5/2/2014). |
| 18 U.S.C. § 3582(c) | Compassionate release / sentence modification – consider before clemency. |
| 42 U.S.C. § 1997e(a) | PLRA exhaustion – does not apply to clemency (clemency is not an administrative remedy). |
Quick Reference: Forms and Where to Get Them
| Document | Where to Find It |
| Commutation Petition | justice.gov/pardon/apply-clemency – or request from your Case Manager. |
| Pardon Petition | justice.gov/pardon/apply-clemency – for use after sentence is fully completed. |
| Commutation Instructions | justice.gov/d9/commutation_information_and_instructions_package.pdf |
| Case Status Check | justice.gov/pardon/search-clemency-case-status – search by name, BOP register number, or case file number. |
| Contact | Details |
| OPA Address | U.S. Pardon Attorney, 500 First Street NW, 4th Floor, Washington, DC 20530 |
| OPA Fax | (202) 616-6069 |
| OPA Phone | (202) 616-6070 |
| Current Pardon Attorney | Edward R. Martin (appointed March 2025) |
| Pardon Czar | Alice Marie Johnson (appointed February 2025, operates from the White House) |
Prepared as a public resource by DrPrison.org
Consultation services for federal inmates and their families
Found an error? resources@inmatehelp.org · All Resources