Fact check: How does Joe Biden's pardon record compare to previous presidents?

1. What supporters and headlines claim — a record-breaking clemency spree that rewrote modern norms

News outlets published immediate accounts highlighting a dramatic, end-of-term action described as the largest single-day act of clemency in modern U.S. history when the administration commuted roughly 1,500 sentences and pardoned 39 individuals in December 2024, a move framed as advancing second chances and criminal justice reform. Reporting emphasized individual stories — veterans, nonviolent drug offenders, community leaders — to illustrate the policy intent and human impact. The administration’s own rhetoric framed the effort as correcting excessive mandatory sentences and prioritizing rehabilitation over punishment ^{[1] [4] [5]}.

2. What government statistics and research centers tally — thousands overall, concentrated late and differentially counted

Independent analyses and Office of the Pardon Attorney statistics compiled after Biden left office show total acts of clemency in the multiple thousands, with figures such as 4,245 acts of clemency or an Office breakdown of 80 pardons and 4,165 commutations; a striking 96% of clemency occurred in Biden’s final fiscal year and a single day saw more commutations than many prior presidents issued across full terms. Pew Research and the official Pardon Office data align on the scale and timing, reinforcing the conclusion that Biden’s clemency was exceptional in volume and timing compared with 20th- and 21st-century peers ^{[3] [2]}.

3. How Biden’s numbers stack up against recent presidents — big gaps in commutations, variable pardons

Comparisons show Biden vastly outpaced recent presidents on commutations while pardons present a more nuanced picture. Analyses note Biden granted thousands more commutations than Donald Trump’s roughly 94 commutations and far more than typical recent administrations, whereas Trump’s notable use of pardons for high-profile figures differed in character and recipient profile. Historical comparisons to Barack Obama highlight differences in approach: Obama used clemency earlier and in smaller concentrated batches, while Biden’s strategy emphasized late-term mass commutations ^{[6] [7] [8]}.

4. Not just counts — different legal effects and policy aims matter to the comparison

Counting clemency acts obscures substantive differences: pardons restore civil rights and expunge records in some cases, while commutations reduce sentences but do not erase convictions. Biden’s reliance on commutations—largely for lengthy drug sentences—reflects a criminal-justice reform rationale focused on sentence reduction rather than erasing convictions wholesale. Other presidents used pardons for political allies, posthumous exonerations, or symbolic acts; Biden’s pattern was policy-driven and targeted, which matters when assessing precedent and legacy beyond raw totals ^{[5] [8]}.

5. Conflicting tallies, interpretive debates and what’s missing from the headlines

Different outlets and analysts report varying totals—ranging from the December 2024 single-day numbers to broader 4,000+ aggregates reported in early 2025—because definitions, timing, and the Office’s reporting cadence differ. Some critiques focus on the political optics of who received pardons or whether mass commutations sidestep the traditional petition process; defenders emphasize scale as corrective to decades of harsh sentencing. Evaluations should weigh both empirical counts and normative questions about process, transparency and long-term impact on recidivism and racial disparities, which current sources document unevenly and which require follow-up study ^{[1] [3] [6]}.