Pardon vs. Commutation in 2025 (Legal Terms Explained)
Pardon vs. commutation are key clemency options. A pardon erases a conviction and restores rights, while a commutation reduces a sentence but keeps the record intact. With over 20,000 clemency applications yearly, these options offer legal relief under federal and state laws.
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David Reischer, Esq. is an attorney and the CEO of LegalAdvice.com. His mission is to provide consumers with affordable access to accurate legal advice. He writes guides to give people expert advice to help solve their legal problems no matter their personal or financial situation. He graduated from law school in 2000 with a joint MBA/JD degree from Brooklyn Law School and Zicklin School of Busine...
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UPDATED: Jan 14, 2025
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We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jan 14, 2025
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Pardon vs. commutation highlights two distinct clemency options offering legal relief. A pardon completes the removal of all convictions, giving back rights like voting and eligibility for jobs. On the other hand, a commutation makes sentences less harsh while still keeping conviction documented.
Both choices need strict assessments from federal or state officials to confirm eligibility. These procedures deal with more than 20,000 clemency requests yearly and offer personalized decisions for people looking for mercy within the judicial system.
Learn about commutation vs. pardon options by entering your ZIP code into our free tool.
- Over 20,000 clemency applications show the need for legal relief
- Pardons erase convictions, restoring the individuals’ rights
- Commutations reduce sentences but keep criminal records intact
Understanding a Pardon
What’s a pardon? You’ve probably heard of a pardon before. In the eyes of the court, a pardon is the partial or complete forgiveness of a person by the government of all legal consequences from a criminal conviction.
When found guilty, a person is stripped of certain rights, like voting. But after a pardon, those rights are restored, and the person is again granted full citizenship.
Here are some examples of pardons:
- George Washington issued the first pardon in U.S. history when he pardoned two men from Pennsylvania who had participated in The Whiskey Rebellion. Both men were facing the death penalty until Washington stepped in and kept them from getting punished to the fullest extent of the law.
- Franklin D. Roosevelt issued the most pardons in history, a total of 2,819 out of 3,796 acts of clemency, most of which were related to convictions during the prohibition.
- On Christmas Day in 1868, Andrew Johnson gave full pardons to soldiers who fought for the Confederates during the American Civil War.
In other words, a pardon is a clean slate, as the conviction is wiped from a person’s official record. Pardons are usually offered to someone who was wrongfully convicted — or claims that they were wrongfully convicted of a crime or who has “paid” their debt to society.
Read more: What is executive clemency and what is the procedure to file for it?
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Defining a Commutation
What is a commutation? While a pardon is a full forgiveness for a crime, a commutation is a little bit different. Commutation is the lessening of a sentence to a shorter period of time. Although it may be a lesser sentence, the conviction still stays on the individual’s record.
Depending on the jurisdiction, a commutation may be given under specified conditions. If the person violates those conditions, then the court can revoke the commutation. The following are some reasons a convicted felon may earn a commuted sentence:
- Illness
- Good Behavior
- Old Age
- If the sentence is unreasonably harsh about similar cases
It may mean that the person’s penalty is lessened in severity, duration, or both. For example, someone found guilty of capital murder may have a sentence of death commuted to life in prison.
Authority to Grant Pardons and Commutations
According to Article II, Section 2 of the United States Constitution, the President is granted the power to pardon individuals convicted of a crime against the country. It states that the President “shall have the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” The president is also allowed to commute a sentence if they see fit. But this is only on a federal level.
For crimes that fall under state criminal law, the state government decides pardons versus commutations. Governors in most states can give out commutations and pardons. In other states, that power lies with an appointed board or agency. Yet, there are more clemency powers than just pardons and commutations. Amnesty, remission, reprieve, respite, expungement, prosecution immunity, and other immunities exist.
Recent U.S. Pardons and Commutations
| Individual/Group | Type of Clemency | Reason/Context | Impact |
|---|---|---|---|
| Josephine Gray | Pardon | Convicted for alleged involvement in multiple deaths for insurance fraud. | Controversial; sparked criticism from former prosecutors. |
| Federal Drug Offenders | Commutation | Non-violent drug offenses targeted for systemic reform. | Addresses mass incarceration and offers second chances. |
| Federal Death Row Inmates | Commutation (37 cases) | President Biden’s opposition to the death penalty. | Sentences reduced to life without parole. |
| General Clemency Group | Pardon (1,500 cases) | Individuals with non-violent records, including minor offenses and social justice considerations. | Largest clemency action in U.S. history; reflects justice reform. |
| Excluded: Dzhokhar Tsarnaev & Dylann Roof | No Clemency | Serious nature of crimes committed (terrorism and mass murder). | Maintains life sentences or existing punishments. |
The table points out necessary clemency actions, from the controversial pardon of Josephine Gray to President Biden’s reduction of 37 death row sentences. People who committed federal drug offenses and non-violent cases gained a lot, indicating notable moves in justice reform. However, exclusions such as Tsarnaev highlight limits for clemency to maintain justice for horrible crimes.
Other Types of Clemency Explained
Amnesty is collective legal forgiveness or relief in which criminal consequences are erased for groups, often linked to political wrongs. Clemency tools such as remission, reprieve, and respite offer temporary or partial relaxation of punishments. Expungement guarantees permanent deletion of convictions while immunity during prosecution protects witnesses, thus balancing justice and mercy.
- Amnesty is basically the same concept as a pardon but is granted by the government to a group of people as opposed to an individual. These people have typically committed political offenses and are facing trial. Amnesty effectively erases all legal existence of the case and allows the group to go free.
- Remission is a type of clemency that provides relief of financial burdens that may come with hefty court fines. It’s a full or partial cancellation of the penalty, but the individual is still considered guilty of whatever crime the legal system convicted them of.
- Reprieve is a temporary alleviation from punishment or a postponement of the punishment for someone convicted of a crime. This is only a temporary delay after a judge issues a sentence and remains in place for a certain period of time.
- Respite is a delay in imposing a sentence. It in no way changes the sentence itself. Respites usually last from 30 to 90 days and can be due to delayed executions, awaiting appeal outcomes, or allowing additional time for clemency applications.
- Expungement is the complete destruction of a criminal conviction. This means that the case no longer exists in the eyes of the state or federal government.
- Prosecution Immunity is when a prosecutor grants immunity from criminal conviction to someone, almost always a witness, in exchange for testimony or other evidence. Then, the court cannot charge the witness for a crime they may have committed while witnessing the defendant commit the crime they are testifying against.
Equipments for clemency meet different legal requirements, from the broad relief provided by amnesty to expungement’s permanent removal of convictions.
Remission eases financial penalties, reprieves and respites postpone sentences, while immunity protects important witnesses. Collectively, they show that the legal system has the ability for both responsibility and mercy.
Discover more by reading our guide: The Difference Between Clemency and Pardons
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Process for Obtaining a Presidential Pardon
The United States Department of Justice explains how to request a presidential pardon on their website, but one will need to meet certain requirements for consideration. Only a federal crime can be pardoned by the president. First, the request will have to be submitted to the Office of the Pardon Attorney.
There is a five-year waiting period required that begins at the applicant’s sentencing. You will not be considered for pardoning if this is not met. Character references are also necessary. The president is the sole person responsible for pardoning decisions. Find out what a preemptive pardon is and why it’s granted.
Case Studies: Pardons and Commutations in the United States Legal System
Clemency vs. pardons display the justice system’s ability to be lenient and make corrections. In actual cases like John’s complete pardon, Lisa having less sentence, or Michael receiving a reprieve, clemency brings attention to a fine balance between equitability and responsibility. Every decision shows detailed examination procedures as well as their deep influence on people’s lives.
Case Study #1: Forgiveness of John
John was not guilty of a crime he was blamed for. When he had spent years in jail, evidence came up showing his innocence. Their lawyer, John, submitted an appeal to the president begging for pardon on their behalf. After a detailed examination by the Office of the Pardon Attorney, John was granted a full pardon by the president.
Case Study #2: Commutation of Lisa
For a drug-related crime that is not violent, Lisa got sentenced to a lot of years in jail. As time went by, she showed very good behavior and took part actively in programs for rehabilitation. Her lawyer asked for her sentence to be lessened suggesting that it should happen given the changes she has made positively.
Case Study #3: Michael’s Break
Michael was found guilty of a grave offense and given the death penalty. When he was waiting for his execution, some new evidence came out, which created uncertainty about him being guilty. To allow an in-depth review of this proof, the court provided Michael with a delay in his execution timing that is for a certain duration.
Clemency is a tool for correction in the justice system, it deals with wrong punishments, too much sentencing and huge delays in execution. Learn what a presidential pardon is and who qualifies for it.
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John’s situation shows how rights can be restored using pardons, Lisa’s change highlights commuted sentencing, and Michael’s delay underlines going after justice. These instances highlight the strong influence of clemency on fixing faults within the system.
Legal Relief Through Pardons and Commutations
Options for mercy, such as pardons and commutations, give big chances to establish justice, rehabilitation, and relief in the legal system. A pardon completely cancels a conviction, gives back taken rights, and offers a new beginning to people who fulfill certain conditions.
In contrast, commutation lessens the harshness or length of a sentence but keeps the conviction recorded. Find out the long-term consequences of criminal convictions and why they’re critical.
Both ways of clemency show that our legal system can be just, kind-hearted, and give another chance. They are strong methods to correct any wrongs that have been done before or recognize good improvements in someone’s life. Explore commutation versus pardon pathways by using our free comparison tool.
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Frequently Asked Questions
What is clemency vs commutation?
Clemency is a broad term for reducing penalties or granting mercy, including pardons, commutations, and reprieves. A commutation minimizes explicitly the severity of a sentence without removing the conviction. Explore how prior convictions affect eligibility for pardons or commutations.
What is pardon vs commutation vs clemency?
A pardon erases a conviction and restores rights, a commutation reduces the sentence but keeps the conviction, and clemency is the general term covering all acts of leniency, including pardons and commutations.
What is pardon vs reprieve?
A pardon removes a conviction and restores rights, while a reprieve temporarily delays or suspends the execution of a sentence without altering the conviction or penalty. Enter your ZIP code to learn about pardons and commutations by accessing our free comparison tool.
What is the commuted death sentence meaning?
A commuted death sentence means the punishment has been reduced to a lesser penalty, such as life imprisonment, while the conviction remains on record.
What is reprieve vs pardon?
A reprieve delays or suspends a sentence temporarily, often for review or appeals, while a pardon permanently removes the conviction and restores civil rights. Explore how civil procedure is different from criminal procedure in legal cases.
What is the commutation definition in government?
In government, commutation reduces a criminal sentence to a less severe punishment without erasing the conviction.
What is a commutation of sentence definition?
Commutation of a sentence means the official reduction of a punishment’s severity or duration by a governing authority, often replacing harsher penalties with milder ones.
What is the commutation of a pardon?
The commutation of a pardon does not exist; a pardon erases a conviction, while a commutation reduces a sentence but keeps the conviction intact.
What is an example of commutation?
An example of commutation is reducing a life imprisonment sentence to 20 years while keeping the conviction on record. Find out if all lawsuits are heard before a jury or resolved by a judge.
What’s the difference between a pardon and amnesty?
A pardon forgives an individual for a crime, while amnesty provides legal forgiveness to a group for specific offenses, often tied to political acts.
What is the difference between a pardon and a parole?
A pardon erases the conviction entirely, while parole allows prisoners to serve the remainder of their sentence under supervision outside prison.
Is a pardon an act of forgiveness?
Yes, a pardon is an act of forgiveness that removes the conviction and restores rights, often granted by a government authority.
Who may grant a commutation of sentence and pardon?
The president grants commutations and pardons for federal crimes, while governors or state boards handle state offenses. Discover what kinds of lawsuits federal courts handle and their jurisdiction.
Is parole a right or privilege?
Parole is a privilege, not a right, based on good behavior and rehabilitation during incarceration.
What is a reprieve in law?
A reprieve is a temporary delay or suspension of a sentence, typically granted to allow time for appeals or further review.
What is the translation of commutation?
In legal terms, commutation translates to reducing punishment or penalty, replacing it with a lesser sentence or form of discipline.
What is the power of commutation?
The power of commutation allows an authority to reduce the severity or duration of a criminal sentence without removing the conviction. Find out what is the difference between a civil offense and a crime and their penalties.
What does it mean if someone is given a commutation?
A commutation means the individual’s sentence is reduced to a lesser penalty, such as shortening a prison term or replacing a death sentence with life imprisonment.
Why do we use pardon?
A pardon is used to forgive a crime, erase a conviction, and restore rights like voting, helping individuals reintegrate into society.
What is the legal effect of pardon?
A pardon removes the legal consequences of a conviction, restoring civil rights and erasing the conviction from official records.
Who can avail pardon?
Individuals convicted of a crime may seek a pardon, usually after demonstrating rehabilitation or meeting specific criteria set by authorities. Discover the rights and protections available to a crime victim under the law.
What are the three forms of pardon?
The three forms of pardon are full pardon (removes all consequences), conditional pardon (granted with specific conditions), and partial pardon (reduces penalties but doesn’t erase the conviction).
What is the difference between forgiveness and pardon?
Forgiveness is a personal or moral act, while a pardon is a legal act by a government authority that erases the conviction and its consequences.
Does a pardon accept guilt?
Accepting a pardon implies acknowledgment of guilt, as the pardon forgives the offense rather than denying its occurrence.
What is amnesty and pardon?
Amnesty is a collective legal forgiveness for a group, often linked to political offenses, while a pardon forgives an individual for a crime and erases its legal consequences. Understand how to appeal a criminal conviction and the timeline involved.
What is the principle of commutation?
The commutation principle involves reducing the severity or length of a sentence without removing the conviction or its record.
What is absolute pardon?
An absolute pardon fully forgives a crime, erases the conviction, and restores all rights without any conditions.
What is the meaning of the term reprieve?
Reprieve refers to the temporary postponement or suspension of a criminal sentence, often granted to allow time for appeals or further legal review.
What is a pardon example?
A pardon example is when a person convicted of a non-violent offense receives forgiveness from the government, erasing their conviction and restoring their rights, such as voting or holding public office. Understand the circumstances under which criminal cases can be appealed.
Is pardon an excuse?
No, a pardon is not an excuse. It is a legal act of forgiveness that removes the conviction and its consequences but does not deny the occurrence of the offense.
When should you use pardon?
You should use pardon when referring to forgiveness granted by a government authority for a crime, erasing its legal consequences and restoring rights.
How to apply for a pardon in the US?
To apply for a pardon in the US, submit a formal application to the Office of the Pardon Attorney for federal crimes or to the appropriate state authority for state offenses, meeting all required criteria, such as a five-year waiting period after sentencing. Explore your legal options for pardons vs. commutations by entering your ZIP code into our free guide tool.
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David Reischer
Licensed Attorney
David Reischer, Esq. is an attorney and the CEO of LegalAdvice.com. His mission is to provide consumers with affordable access to accurate legal advice. He writes guides to give people expert advice to help solve their legal problems no matter their personal or financial situation. He graduated from law school in 2000 with a joint MBA/JD degree from Brooklyn Law School and Zicklin School of Busine...
Licensed Attorney
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.