Download:
pdf |
pdfOMB Number: 1123-0NEW
Expiration Date: XX/XX/XXXX
PETITION FOR COMMUTATION OF SENTENCE
Instructions:
This petition form is for seeking commutation (reduction) of the imprisonment and/or supervision portion
of your sentence. If you are seeking pardon after completion of your sentence or only remission of
financial penalties, please use the applications for those types of requests.
Before filling out the application form, please make sure you meet these 3 requirements:
1) You were convicted in a federal criminal court, NOT a state or military court;
2) You are currently serving a federal prison sentence or a term of federal supervision, such as
parole, supervised release, or probation; AND
3) You do not have any court challenges currently pending against your conviction or sentence,
such as a direct appeal or motion under 28 U.S.C. § 2255. This requirement does not apply to
capital cases.
In the form, you will be asked to give information on your conviction(s) and why you believe you deserve
commutation.
Do:
•
•
•
•
•
•
•
Answer each question truthfully, accurately, and in your own words.
Give full, detailed answers to questions to help process your application more quickly.
Attach additional pages or documents if you need more space or to provide more information.
Answer every question. If a question does not apply to you, explain why.
Type or handwrite the petition in ink so that it can be read easily if you are submitting by mail or
email; use of the fillable PDF form is preferred.
Submit attachments in PDF or Word format, if submitting by email.
Ask that the Bureau of Prisons official submitting your application, if applicable, include copies of
your:
Presentence report
Statement of reasons
Judgment
Progress report from within the last 18 months
Do NOT:
•
•
•
•
Do NOT use this form if you are asking for only remission or pardon after completion of sentence.
There are other applications for those types of requests.
Do NOT use this form if you are asking for commutation of a military sentence; you must apply
through the military branch of conviction.
Do NOT staple, glue, bind, or tape any portion of your application or attached materials.
Only documents in PDF or Word formats are accepted.
Page 1 of 12
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
March 2023
Ways to submit your materials:
•
•
Email documents in PDF or Word format to [email protected] (preferred)
Mail forms (typed or printed in ink) to U.S. Department of Justice, Office of the Pardon Attorney,
950 Pennsylvania Avenue, Washington, DC 20530; submissions by mail will take longer to
process than submission by other methods
Page 2 of 12
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
March 2023
Notices
Your disclosure of information to the Office of the Pardon Attorney on this form is voluntary. However, if
you do not complete all of the information fields in this form, we may not be able to process your request.
Immigration status
If you are not a citizen of the United States, you should be aware that commutation of your sentence only
shortens the prison sentence and will not result in a change of your immigration status. If a detainer has
been lodged against you for deportation or removal, commutation of sentence will not prevent your
deportation or removal from the United States and may actually hasten the process.
False statements
A knowing and willful false statement in a document submitted to the government may subject you to
criminal punishment, including up to five years' imprisonment and a $250,000 fine. See 18 U.S.C. §§
1001 and 3571.
No appeal from a denial of clemency
The President alone has the power to commute a sentence for a federal offense. It is an extraordinary
remedy that is very rarely granted. You will be notified when a final decision is made on your petition,
and there is no appeal from the President's decision to deny a clemency request.
Re-applying
If your petition is denied, you may reapply one year after the date of denial.
Privacy Act statement
The Office of the Pardon Attorney has authority to collect this information under the United States
Constitution, Article II, Section 2 (the pardon clause); Orders of the Attorney General Nos. 1798-93, 58
Fed. Reg. 53658 and 53659 (1993), 2317-2000, 65 Fed. Reg. 48381 (2000), and 2323-2000, 65 Fed. Reg.
58223 and 58224 (2000), codified in 28 C.F.R. §§ 1.1 et seq. (the rules governing petitions for executive
clemency); and Order of the Attorney General No. 1012-83, 48 Fed. Reg. 22290 (1983), as codified in 28
C.F.R. §§ 0.35 and 0.36 (the authority of the Office of the Pardon Attorney). The principal purpose for
collecting this information is to enable the Office of the Pardon Attorney to process your request for
remission. The routine uses which may be made of this information include provision of data to the
President and his staff, other governmental entities, and the public. The full list of routine uses for this
correspondence can be found in the System of Records Notice titled, “Privacy Act of 1974; System of
Records,” published in Federal Register, September 15, 2011, Vol. 76, No. 179, at pages 57078 through
57080; as amended by “Privacy Act of 1974; System of Records,” published in the Federal Register, May
25, 2017, Vol. 82, No. 100, at page 24161, and at the U.S. Department of Justice, Office of Privacy and
Civil Liberties’ website.
If you are granted or denied commutation by the President, your name will be released, including on our
website, in accordance with our Freedom of Information Act obligations. Non-public documents, such as
this petition and supporting documents, the presentence investigation report, the results of any federal
background investigation, and the recommendation of the Department of Justice, are not generally
available under the Freedom of Information and Privacy Acts. However, the Pardon Attorney may
disclose the contents of executive clemency files in the possession of the Department of Justice when the
Page 3 of 12
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
March 2023
disclosure is required by law or the ends of justice. Additionally, this office would, if asked, confirm that
a specific individual has applied for or was granted or denied clemency.
The President and his immediate staff are not subject to the constraints of the Freedom of Information and
Privacy Acts. Accordingly, while clemency-related documents in the possession of the White House
traditionally have not been made public, they may be legally disclosed at the discretion of the President.
In addition, clemency-related documents retained by the White House at the end of a presidential
administration will become part of the President’s official library, where they become subject to the
disclosure provisions of the Presidential Records Act.
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of
information unless such collection displays a valid OMB control Number. Public reporting burden for
this collection of information is estimated to average three hours per response, including time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. The obligation to respond to this collection is
voluntary. Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to U.S. Department of Justice, 950
Pennsylvania Avenue, NW, Washington, DC 20530-0001 and reference the Petition for Commutation of
Sentence form. Note: Please do not return the completed certification to this address.
Note: Nothing in these instructions is legal advice.
Page 4 of 12
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
March 2023
PETITION FOR COMMUTATION OF SENTENCE
Relief sought:
Reduction of prison sentence and
remission of fine/restitution
Reduction of prison sentence
Reduction of supervised release, probation, or parole
To the President of the United States:
The undersigned petitioner, a person subject to federal imprisonment or other restriction, asks for
commutation of sentence and in support thereof states as follows:
1. Identifying information:
Name:
(middle)
(first)
Name at Conviction:
(if different)
(first)
(last)
(last)
(middle)
Date of Birth:
Place of Birth:
Social Security No.:
BOP Register No.:
Gender:
Race:
(select all that apply)
U.S. citizen?
Are you Hispanic or Latino?
,
(state)
Yes
,
(country)
No
Alaska Native or Native
American
Asian
Black or African
American
Native Hawaiian or Other
Pacific Islander
White
Other
Yes
No, _________________________________
(country of citizenship)
Is an attorney helping you with this petition form?
Attorney name:
(city)
Yes
No
Attorney email:
Page 5 of 12
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
March 2023
2. Contact information, if on home confinement or supervised release:
Address:
(street)
(number)
(apartment unit no.)
(city)
(zip code)
(state)
Cell phone:
Home phone:
Email:
3. Case information:
How did you
plead?
Guilty
Not guilty
Offense Date:
Conviction Date:
Case No.:
Nolo contendere
Sentence Date:
Court:
U.S. District Court for the
(Eastern/Northern, etc.)
District of
(state)
Superior Court of the District of Columbia
Offense or crime:
(specific offense(s); provide statute(s) violated, if known)
Sentence: Imprisonment:
Term:
(years, months)
Probation or supervised release:
Financial penalties:
Term:
Fine:
(years, months)
Restitution:
Assessment:
Date paid:
Amount unpaid:
When did you begin serving your sentence?
What is your projected release date?
Are you eligible for parole?
Provide parole eligibility date:
Date of last hearing:
Date of next scheduled hearing, if any:
Page 6 of 12
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
March 2023
Have you applied for federal clemency before?
Yes
No
Date applied:
Date of decision:
Granted
Denied
No Action
4. Offense details
Please tell us about the offense for which you are seeking commutation. Be specific and complete. Do not
omit facts or minimize your role. We want to hear from you, in your own words. Please include:
•
•
•
•
What was your role in the offense?
How, when, and why did you get involved?
What actions did you take in connection with the offense? (Include all actions, even if you pleaded
guilty to only specific conduct, counts, or portions of the full criminal activity.)
Do you accept responsibility for your criminal conduct?
Page 7 of 12
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
March 2023
5. Other criminal record:
Please list all other arrests and criminal convictions. You may attach your presentence report (PSR) or
other official documents, but if there is additional information to report, please provide it below.
Page 8 of 12
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
March 2023
6. Reasons for seeking clemency
In your own words, tell us why you are seeking commutation of your sentence. If you need more space, you may
complete your answer on a separate sheet of paper and attach it to this petition.
Page 9 of 12
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
March 2023
7. Rehabilitation
Tell us about programs, classes, substance abuse treatment, institutional employment, or other activities
that you have completed while in prison that have been meaningful for you.
Note: We will review Bureau of Prisons records as part of your application. You do not need to list every
program or activity. However, please DO include information that might not be in those records, such as:
•
•
•
Mentoring activities
Leading group meetings or studies
Staff recommendations from supervisors, chaplains, or program directors
Page 10 of 12
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
March 2023
8. Release plans
Tell us about any plans you may have made for your release, such as where you will live or seek employment. You
may also include letters of support from friends, family, and others.
Page 11 of 12
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
March 2023
Certification and Personal Oath
I hereby certify that all answers to the above questions and all statements contained herein are true
and correct to the best of my knowledge, information, and belief. I understand that any intentional
misstatements of material facts contained in this application form may cause adverse action on my
petition for executive clemency and may subject me to criminal prosecution.
(signature of petitioner)
Respectfully submitted this
day of
,
(month)
Page 12 of 12
(year)
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
March 2023
File Type | application/pdf |
Author | Walters, Frances (PARDON) |
File Modified | 2023-06-22 |
File Created | 2023-01-17 |