*NOTE: This section includes amendments by temporary legislation that will expire on January 9, 2027. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version.*

1. (a) All individuals convicted of violating District laws or regulations shall be eligible to apply for a clemency recommendation from the Board.
2. (b) No application for a clemency recommendation shall be filed pursuant to this chapter if other forms of judicial or administrative relief are available based on existing law and already-discovered evidence.

3. (c) The application criteria developed by the Board, pursuant to § 24-481.03(b)(1), for applicants seeking a pardon shall require the applicant to:

   1. (1) Before applying, wait 5 years after the date of the release of the applicant from confinement or, in case no prison sentence was imposed, wait 5 years after the date of the conviction of the applicant;
   2. (2) Not have been convicted of any other criminal offense that is relevant to the conviction for which the applicant seeks clemency, as determined by the Board;
   3. (3) Not be subject to any pending criminal charge that is relevant to the conviction for which the applicant seeks clemency, as determined by the Board;
   4. (4) Not be a party to a past or pending civil case that is relevant to the conviction for which the applicant seeks clemency, as determined by the Board;
   5. (5) Except for cases of actual innocence, demonstrate that the applicant has been rehabilitated; and
   6. (6) Describe how the receipt of a pardon would help the applicant achieve the applicant's goals and contribute to the community.

4. (d) The application criteria developed by the Board, pursuant to § 24-481.03(b)(1), for applicants seeking a commutation shall require the applicant to:

   1. (1) Except for cases of actual innocence, demonstrate that the applicant has been rehabilitated; and
   2. (2) Describe how commutation would help the applicant achieve the applicant's goals and contribute to the community.
5. (e) An applicant shall be given special consideration if the sentencing scheme, including a mandatory-minimum sentence, for the offense for which the applicant was convicted was changed to provide for less severe penalties after the applicant was convicted under the sentencing scheme.

6. (f) The Board may, upon written request of the applicant, grant a waiver of the requirements of subsection (c)(1) of this section; provided, that:

   1. (1) The Board shall only grant a waiver under this subsection where the Board is in receipt of notice from the Office of the Pardon Attorney that the Pardon Attorney or the President of the United States has provided the applicant with a waiver of the 5-year requirement pursuant to § 9-140.112 of the Department of Justice Manual;
   2. (2) The Board may decline to grant a waiver under this subsection even when the Board is in receipt of the notice described in paragraph (1) of this subsection;
   3. (3) The Board shall not grant a waiver under this subsection when the applicant is on probation, parole, or supervised release;
   4. (4) The Board may request additional information from the applicant to support their request for a waiver of subsection (c)(1) of this section, which may include a request to meet with the applicant to discuss their waiver request;
   5. (5) The Board shall provide the applicant with written notice of the Board's decision to grant or deny a waiver request pursuant to this subsection; and
   6. (6) Prior to the Board making a determination whether to grant a request for a waiver pursuant to this subsection, the applicant's application shall be deferred until a determination is made.

History

Dec. 13, 2018, D.C. Law 22-197, § 205

Apr. 21, 2023, D.C. Law 24-344, § 23(d)

May 29, 2026, D.C. Law 26-124, § 2

Emergency Legislation

For temporary (90-day) creation of this chapter, see §§ 3111 through 3118 of the Fiscal Year 2018 Budget Support Emergency Act of 2018, effective July 30, 2018 (D.C. Act 22-434; 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2 of Clemency Board Waiver Authority Emergency Amendment Act of 2025 (D.C. Act 26-27, Mar. 20, 2025, 72 DCR 3320).

For temporary (90 days) amendment of this section, see § 2 of Clemency Board Waiver Authority Congressional Review Emergency Amendment Act of 2025 (D.C. Act 26-78, May 28, 2025, 72 DCR 6461).

For temporary (90 days) amendment of this section, see § 2 of Clemency Board Waiver Authority Emergency Amendment Act of 2026 (D.C. Act 26-253, Jan. 27, 2026, 73 DCR 1078).

For temporary (90 days) amendment of this section, see § 2 of Clemency Board Waiver Authority Congressional Review Emergency Amendment Act of 2026 (D.C. Act 26-295, Apr. 10, 2026, 73 DCR 6067).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Clemency Board Waiver Authority Temporary Amendment Act of 2025 (D.C. Law 26-21, July 24, 2025, 72 DCR 4888).

For temporary (225 days) amendment of this section, see § 2 of Clemency Board Waiver Authority Temporary Amendment Act of 2026 (D.C. Law 26-124, May 29, 2026, 73 DCR 3151).