What is a presidential pardon? How is it different than a commutation of sentence?

President Joe Biden announced Thursday he is commuting the sentences of nearly 1,500 people who were placed on home confinement during the COVID pandemic and pardoning 39 others convicted of nonviolent crimes in what the White House called the largest single-day act of clemency in modern history.

The actions come less than two weeks after Biden pardoned his son, Hunter, for gun and tax felonies, igniting a bipartisan backlash and criticism from criminal justice activists who argued others more worthy of a reprieve lack the same family connections.

Biden said in the statement Thursday he will "take more steps in the weeks ahead" and continue to review clemency petitions to advance "equal justice under the law, promote public safety, support rehabilitation and reentry, and provide meaningful second chances."

Biden said many of the 1,500 people whose sentences he is commuting "would receive lower sentences if charged under today's laws, policies and practices," and that they have "successfully reintegrated into their families and communities and have shown that they deserve a second chance."

The 39 people being pardoned have shown "commitment to making their communities stronger and safer," the president said. Most were convicted of drug offenses.

What is a presidential pardon and a commutation of sentence? Here's what to know.

Biden announces commutations, pardons: President Joe Biden commutes nearly 1,500 sentences and pardons 39 people

What is the difference between a commutation of sentence and a pardon?

A commutation of sentence and pardon are different forms of executive clemency, according to the U.S. Department of Justice.

Executive clemency is a broad term that applies to the president's constitutional power to exercise leniency toward persons who have committed federal crimes, according to the DOJ.

Commutation of sentence

A commutation of sentence "reduces a sentence, either totally or partially, that is then being served, but it does not change the fact of conviction, imply innocence, or remove civil disabilities that apply to the convicted person as a result of the criminal conviction," the DOJ says.

Additionally, a commutation of sentence may include the lifting of any financial obligations that are imposed as part of a sentence, such as a fine or restitution, and has no effect on a person's immigration status and will not prevent removal or deportation from the U.S.

Pardon

Pardons can also function as an "expression of the president's forgiveness," the DOJ notes. They are often granted "in recognition of the applicant's acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence."

While a pardon does not signify innocence, it does remove civil disabilities – such as restrictions on the right to vote, hold state or local office, or sit on a jury – imposed because of the conviction for which pardon is sought, and "should lessen the stigma arising from the conviction," according to the DOJ.

In some circumstances, a pardon will eliminate the legal basis for removal or deportation from the U.S., the DOJ notes.

Who can apply for a commutation of sentence or pardon?

To be eligible to apply for commutation of sentence, a person must have reported to prison to begin serving their sentence and may not be challenging his conviction in the courts, the DOJ says.

"A person is not eligible to apply for a presidential pardon until a minimum of five years has elapsed since (their) release from any form of confinement imposed upon (them) as part of a sentence for (their) most recent criminal conviction, whether or not that is the conviction for which (they are) seeking the pardon," the DOJ's website reads.

Gabe Hauari is a national trending news reporter at USA TODAY. You can follow him on X @GabeHauari or email him at [email protected].

This article originally appeared on USA TODAY: What is a presidential pardon, commutation of sentence? What to know