Feds Take Steps to Simplify the Clemency Process

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Hot off the press, here is an email from the Department of Justice touting its measures to make the clemency process more “user-friendly.” The clemency process, where the president has authority to reduce someone’s criminal sentence, is run by the DOJ — the very same people whose job it is to keep people in prison. They’re tasked with screening applicants and recommending to the president who should get relief. Does this sound unfair? Most people say it is, but little has been done to change how this works.

So, this email from the DOJ is a little shocking. Maybe it’s the result of pressure on the DOJ to move more people through the clemency process. Maybe it’s an effort by the DOJ to appear more user-friendly itself, given the lack of trust in the DOJ the past few years. Whatever the reason, any change to the clemency process will be welcome to the thousands (literally) who have been waiting years for a decision on the clemency petition. Here is the full test of the email:

The Justice Department is entrusted with the important responsibility of receiving and reviewing applications for executive clemency and making recommendations to the President in support of his exercise of the constitutional clemency power. In fulfilling this responsibility, the department is committed to improving the clemency application process to make it more transparent, accessible and user-friendly. The department is taking a series of actions to reform and streamline the clemency application process. 

Transparency & Accessibility

  • Form Simplification: The Justice Department is updating all of its clemency forms, including web forms, to make them more user-friendly, streamlined and accessible to diverse populations. The improved and simplified application for commutation of sentence is now available here. The revised pardon application form is currently open for public comment.
  • Language Access: The Justice Department has translated its revised application forms and informational materials into Spanish and is in the process of making its forms available in other languages as well.
  • Partnering with Federal Bureau of Prisons (FBOP): The Office of the Pardon Attorney is working closely with the FBOP to assist incarcerated individuals with the clemency process, including by launching a series of educational seminars for staff and individuals in custody.  In 2023, the Office met with over 1,800 people in FBOP facilities to provide information about applying for clemency.  Additional sessions are scheduled in 2024.

Efficiency

  • Reducing Processing TimesThe Justice Department is taking steps, including providing additional staffing and technical support for the Office of the Pardon Attorney, to reduce the processing times to ensure that clemency petitioners receive answers in a timely fashion.
  • Closing Long-Pending Petitions: The current Administration inherited an unprecedented backlog of clemency petitions.  Soon, the Justice Department will begin issuing letters to petitioners that have not been granted clemency in order to deliver closure to those waiting for answers they deserve.  Those receiving letters are welcome to submit new petitions.

Public Engagement

  • Education and Outreach: The department is working to educate the public about how to submit a clemency application in order to demystify the process and help ensure broader and more equitable access.
  • Listening Sessions: The department continues to engage with diverse external stakeholders to ensure that it is responsive to the needs of clemency petitioners and the public.

Dale Chappell works with individuals, families, and attorneys on sensitive and high-profile federal cases, focusing on prison preparation, housing, and post-conviction strategy. He supports clients and legal teams with research, issue analysis, and drafting used in federal post-conviction matters, including § 2255 motions, appeals, sentence reductions, and related filings.

His work is based on nearly 17 years of experience and more than 450 published articles in legal publications focused on post-conviction relief. His focus is helping clients and their families understand how the system actually works and avoiding preventable mistakes.

Have questions?
Email Dale directly at dale@dale-chappell.com.

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