DOJ Communtation Instructions

DOJ Communtation Instructions

3. Reduction of sentence only

The President's clemency power includes the authority to commute, or reduce, a sentence imposed upon conviction of a federal offense, including the authority to remit, or reduce, the amount of a fine or restitution order that has not already been paid. This form of clemency is different from a pardon after completion of sentence. Under the current regulations governing petitions for executive clemency, a person may not apply for a full pardon until at least five years after his or her release from incarceration. Accordingly, the commutation form should be used only for the purpose of seeking a reduction of sentence.

4. Completion of court challenges

Requests for commutation of a prison sentence generally are not accepted unless and until a person has begun serving that sentence. In addition, commutation requests are generally not accepted from a person who is currently challenging his or her conviction or sentence through appeal or other court proceeding. Accordingly, you should not complete and submit this petition until you have concluded all judicial challenges to your conviction and sentence and you have begun serving your sentence. You should also be aware that, in evaluating the merits of a commutation petition, clemency authorities take into consideration the amount of time the petitioner has already served and the availability of other remedies to secure the relief sought (such as parole or judicial action).