What is the process for applying for a pardon under the Biden administration?
Executive summary
The formal pathway to seek a federal pardon is administered by the Justice Department’s Office of the Pardon Attorney; applicants generally use the DOJ’s clemency application process and guidance found on its “Apply for Clemency” page (available sources do not give the Biden‑specific changes to that form) [1]. President Biden has used traditional pardons, proclamations for classes (marijuana possession) and preemptive pardons, and his clemency record and practices have been documented and debated in DOJ and press materials [2] [3] [4].
1. What federal applicants must do: use the Justice Department clemency process
To apply for a presidential pardon for a federal conviction, the standard administrative route goes through the Department of Justice’s Office of the Pardon Attorney; the DOJ posts an “Apply for Clemency” page with the forms, instructions and requirements that govern submissions [1]. Available sources do not detail every question on the form here, but they make clear the DOJ site is the official starting point for petitions [1].
2. Two types of presidential clemency relevant to applicants
There are distinct mechanisms: individualized pardons and commutations, and broader class pardons by presidential proclamation. Biden issued class pardons—for example, proclamations pardoning certain federal marijuana possession convictions—and also issued individualized pardons and commutations as announced by the White House and documented by the Office of the Pardon Attorney [2] [3] [4]. Applicants should note a proclamation can extend relief to groups without individual petitioning [3].
3. Timing, vetting and customary DOJ practice
Historically the Office of the Pardon Attorney vets petitions, can request records and performs background checks before forwarding recommendations; courts and reporting show administrations have relied on that vetting as part of the clemency pipeline (available sources document the DOJ role but do not provide a step‑by‑step timeline for each application under Biden) [1]. Pew’s comparative work underscores that presidents differ greatly in frequency and method of use, which affects expectations for applicants [3].
4. Biden administration practices and departures from precedent
Biden’s clemency record includes traditional individualized grants and large‑scale proclamations (marijuana pardon proclamations in Oct. 2022 and Dec. 2023 are cited), and his administration announced both commutations and pardons in batches, sometimes framed as protective or preemptive actions [3] [4]. Commentators and legal scholars have characterized some of Biden’s preemptive pardons as unprecedented in political context, especially where the stated purpose was to shield potential targets of a succeeding administration [5]. That framing matters for prospective applicants because political calculus—not only individual rehabilitation—can shape clemency decisions [5].
5. Political controversy and what it means for applicants
Clemency under Biden became politically fraught: reporting and commentary document debates around use of proclamations, autopen signature questions, and preemptive pardons, with critics saying some grants deviated from long‑standing norms while defenders point to legal precedent and the president’s constitutional authority [6] [7] [5]. Applicants should understand clemency is an inherently political exercise; available sources show legal experts treat the president’s clemency power as broad but say public and congressional scrutiny can follow particular choices [6] [7].
6. Practical takeaways for someone considering applying
Start at the DOJ’s “Apply for Clemency” page and follow its instructions; that page is the official avenue to submit a petition [1]. Expect the Office of the Pardon Attorney to be the administrative gatekeeper for routine petitions even when presidents issue class proclamations or act swiftly in select cases [1] [3]. Available sources do not describe any Biden‑era one‑off shortcut for individual applicants that bypasses DOJ vetting; when presidents act outside the standard process they tend to do so by proclamation or direct White House announcements [3] [4].
7. Limitations in the record and open questions
Public sources provided here do not give a detailed, Biden‑specific step‑by‑step checklist for every applicant or an exhaustive description of how the Office of the Pardon Attorney adjusted internal procedures under Biden; the DOJ “Apply for Clemency” page is cited as the procedural anchor but lacks those administration‑specific operational details in the available reporting [1]. Additionally, recent political disputes over signature methods and efforts by successors to challenge pardons expose legal and policy uncertainty, though experts in the cited accounts say there is no clear mechanism to revoke a duly issued pardon [6] [7] [8].
If you want, I can pull the specific DOJ application instructions and typical documentation checklist from the Office of the Pardon Attorney page [1] and summarize the documents you’ll likely need to assemble.