What's the difference between being pardoned and commuted?
Asked by: scraper | Last update: September 5, 2026Score: 0/5 (0 votes)
A pardon completely forgives a crime and erases the conviction from your legal record, while a commutation only reduces or eliminates the punishment, leaving the conviction intact.
What is commuted vs. pardon?
A pardon is the total cancellation of a conviction and forgiveness for a crime, restoring civil rights (e.g., voting, jury duty), whereas a commutation is a reduction of a sentence (prison time or fines) while the conviction remains on record. A pardon removes guilt, while a commutation only lowers the punishment.
How is a commute different than a pardon?
Some people have received pardons years after finishing their sentences, sometimes even after death. A commutation is different in that it shortens the term of your prison sentence and gets you out earlier than expected, meaning that you can only receive a commutation while you are still in prison.
Are you still a felon if you are pardoned?
Yes, you are still technically considered a convicted felon after receiving a pardon. A pardon is an official act of forgiveness that forgives the guilt and prevents future punishment, but it does not erase the historical fact of the conviction from your criminal record.
How many people has Biden pardoned or commuted?
Over his four-year term (2021–2025), President Joe Biden granted a total of 4,245 acts of clemency, comprising 80 pardons and 4,165 commutations. This total includes significant, broad proclamations for marijuana offenses and, in December 2024, a single-day action commuting roughly 1,500 sentences and pardoning 39 individuals, marking one of the largest clemency actions in modern U.S. history.
What's the difference between a pardon and commutation?
Can anybody override a presidential pardon?
No individual, court, or subsequent president can overturn or revoke a valid, fully delivered presidential pardon. The clemency power is an absolute authority granted by Article II of the U.S. Constitution and is generally not subject to review or interference by the judiciary, Congress, or other government branches.
Why did Barack Obama pardon so many people?
Obama did so, as one of his final acts in office, in order to reduce what he viewed as overly harsh punishments.
Who cannot be pardoned by the President?
The President of the United States may pardon anyone who commits a federal offense against the United States. They may also pardon anyone who commits a federal offense against the District of Columbia. The president cannot grant pardons for violations of state laws.
Do you have to be found guilty to be pardoned?
No, you do not have to be guilty—or even convicted—to be pardoned, though a pardon is legally interpreted as an act of forgiveness for a crime rather than a declaration of innocence. A pardon can be issued at any time after a crime is committed, including before any charges or convictions occur.
Does a pardon erase the crime?
A pardon does not erase or expunge the record of conviction. It is, however, an indication of forgiveness and should lessen the stigma of conviction. It is usually helpful in obtaining license, bonding or employment.
What does a pardon not do?
This power is unlimited, though it does not extend to cases of impeachment. Presidential pardons cannot be used to undo impeachments or remove the consequences of impeachment proceedings. A president also cannot grant reprieves for future crimes not yet committed.
What happens when a sentence gets commuted?
When a criminal sentence is commuted, a higher authority (such as a state Governor or the President of the United States) reduces or lessens the original court-ordered penalty.
Can a pardon be used before conviction?
Jump to essay-5Garland, 71 U.S. at 380 (stating that a pardon may be exercised at any time after [an offense's] commission). Jump to essay-6Id. (recognizing that pardon may be granted either before legal proceedings are taken, or during their pendency, or after conviction and judgment).
What is better, clemency or a pardon?
In the judicial system, the meaning of clemency generally refers to a decision by an authority to reduce the punishment. Clemency can take the form of a pardon, which completely absolves an individual of guilt, or a commutation, which reduces the sentence without forgiving the person convicted.
Does "commuted" mean "released"?
A commutation of sentence is also known simply as a commutation. It is a form of reprieve granted to federal prisoners by the President of the United States. If a commutation gets granted, the prisoner's sentence gets reduced, but the prisoner's other rights don't get restored.
What are the four types of pardons?
The Office of the Pardon Attorney assists the President in the exercise of executive clemency. Executive clemency may take several forms, including pardon, commutation of sentence, remission of fine or restitution, and reprieve.
Are you still a felon if you get pardoned?
Yes, you are still technically considered a felon after receiving a pardon, because a pardon forgives the crime but does not legally erase or "expunge" the conviction from your criminal record.
Can the Supreme Court overturn a presidential pardon?
No, the Supreme Court cannot overturn or invalidate a presidential pardon.
Which president never pardoned?
Yes, two U.S. presidents—William Henry Harrison and James A. Garfield—never granted a pardon or commutation during their time in office. Both died in office shortly after their inaugurations and did not serve long enough to issue any executive clemency.
Did Barack Obama pardon anyone?
Yes, Barack Obama granted 212 pardons during his two terms in office. In addition to these formal pardons, he also issued 1,715 sentence commutations—which shortened the prison terms of individuals largely convicted of nonviolent drug offenses.
Are there limits to presidential pardons?
Yes, there are limits to presidential pardons. The U.S. Constitution (Article II, Section 2) restricts the pardon power to federal offenses only—not state crimes—and explicitly prohibits their use in cases of impeachment. While broad, the power cannot be used to bypass constitutional rights or authorize future illegal acts.
How many pardons did Trump grant in his first term?
During his first term (2017–2021), President Donald Trump issued a total of 143 pardons and 94 sentence commutations, according to data compiled by organizations like the Pew Research Center.
Did Bill Clinton pardon anyone?
As president, Clinton used his power under the U.S. Constitution to grant pardons and clemency to 456 people, thus commuting the sentences of those already convicted of a crime, and obviating a trial for those not yet convicted. On January 20, 2001, he pardoned 140 people in the final hours of his presidency.