This month two people walked out of federal prison early on marijuana sentences, and I heard it described as a pardon. It wasn’t one. I realized I didn’t know the difference either, so I looked it up where it’s actually written down.
Most of us use “pardon” for any time a president lets someone go. So did I. It’s an easy mistake, and I’m not writing this to catch anyone making it. I’m writing it because the difference decides whether a conviction stays on a person’s record for the rest of their life.
That’s the whole grant of power. The Justice Department calls the family of things it covers executive clemency, and a pardon is only one member of the family.
| What it does | Does the conviction stay? | |
|---|---|---|
| Pardon | “An expression of the President’s forgiveness,” usually granted after a person has accepted responsibility and shown good conduct for a significant time after the sentence. | Yes. A pardon doesn’t erase anything. The Justice Department says the conviction and the pardon both appear on the record. |
| Commutation | Reduces a sentence that is being served, partly or completely. It can also release the fines that came with it. | Yes. It “does not change the fact of conviction, imply innocence, or remove civil disabilities.” |
The Constitution also names reprieves. The Justice Department’s FAQ mentions them without defining them, so this post sticks to the two that get confused.
The short version: a commutation changes the punishment. A pardon is forgiveness for the offense. Neither one erases it. Erasing a record, called expungement, is something only a court can do, and the Justice Department says it “cannot be granted within the Department of Justice or by the President.”
“Civil disabilities” is the legal term for the consequences a conviction carries beyond the sentence itself. A commutation gets a person out of prison, but those consequences stay with the conviction.
On September 3, 2026, two federal sentences for marijuana conspiracy were cut to time served: one of 120 months and one of 360 months, from federal courts in Virginia and Texas. Published clemency records list both as commutations.
So both men went home. That part is real, and for their families it’s the part that matters. But in the eyes of the law they are still convicted, and a pardon would be a separate act entirely. I’m not naming them, because you don’t need their names to understand the lesson.
Reported from federal clemency records by the Marijuana Herald. Not yet checked by me against the Justice Department’s own list of grants, which the Office of the Pardon Attorney publishes. When I do, this line gets updated.
The Constitution says “offenses against the United States.” The Justice Department is blunt about it: asked whether the President can pardon a state conviction, the answer is no.
That matters for marijuana especially, because most marijuana convictions in this country are state convictions, not federal ones. A presidential pardon or commutation reaches none of them. Those belong to each state’s own system.
Nebraska handles it differently from Washington. Since a 1920 amendment to the state constitution, clemency for state crimes belongs to a Board of Pardons with three members:
The Governor
The Attorney General
The Secretary of State, who keeps the board’s records
Together they can grant reprieves, commutations and pardons, and remit fines, for offenses against Nebraska law, except treason and impeachment. A majority vote of the board is required. The board says the process can take “several months to several years” from the day an application arrives.
A small lesson from checking this: the first search summary I read said a Nebraska pardon needs all three members to agree. The board’s own website says a majority. Two votes, not three. I’m using the board’s version, because it’s their rule to state.
If you hear that someone was “pardoned,” you might assume their record is clean. If you hear “commuted,” you know they’re out and still carrying the conviction. Those are different lives. When you’re the one applying, or your son is, or your neighbor is, you need to know which door you’re knocking on and who is behind it.
Would you believe me if I told you I had this wrong until today? That’s the reason for the post. The difference was written down the whole time. I just hadn’t read it.