If you’ve been keeping an eye on the headlines lately, you’ve probably noticed that the power of the pen has been getting a serious workout. Specifically, the presidential pen. People keep asking, "how many pardons by Biden are we actually talking about?" and the answer is way more complex than just a single number on a spreadsheet.
By the time Joe Biden’s term wrapped up in January 2025, he hadn't just issued a few favors for friends; he basically rewrote the record books on executive clemency. We're looking at a total of 4,245 acts of clemency during his four-year tenure.
That is a massive figure. To put it in perspective, it beats out Franklin D. Roosevelt, who held the previous record with 3,796 acts over twelve years. Biden did more in four years than FDR did in three terms. But here’s the kicker: the vast majority of these weren't actually "pardons" in the way we usually think of them.
The Difference Between a Pardon and a Commutation
Most folks use the words interchangeably, but in the legal world, they’re totally different beasts. A pardon is like a giant "undo" button. it wipes the slate clean, restores your right to vote, and basically says the government forgives the crime.
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A commutation is more like a "time served" or "sentence reduced" stamp. The conviction stays on your record, but you get to leave prison early or avoid a death sentence.
Biden was actually pretty stingy with traditional pardons. He only issued 80 individual pardons. That’s the second-lowest of any president since the late 1800s. The real story is in the 4,165 commutations. He used this power to target what he called "outdated" and "unfair" sentencing, particularly from the War on Drugs era.
That Massive Final Push
Most of this action happened at the literal 11th hour. It’s kinda wild when you look at the timeline. About 96% of his clemency acts were signed in his final fiscal year.
On January 17, 2025, just three days before leaving office, Biden commuted the sentences of nearly 2,500 people in a single day. It was the largest single-day act of clemency in the history of the United States. No one else even comes close.
The Controversial Ones Everyone Talks About
You can’t talk about how many pardons by Biden without addressing the elephant in the room: his son, Hunter Biden.
For years, Biden and his press team insisted he wouldn’t do it. Then, on December 1, 2024, he signed a "full and unconditional" pardon for Hunter. It wasn't just for the gun and tax charges he’d already been convicted of; it was a "preemptive" pardon covering any federal offenses committed between 2014 and 2024.
But Hunter wasn't the only "big name" on the list. In those final weeks, Biden issued several other preemptive pardons that made waves:
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- Dr. Anthony Fauci: Protected from potential federal prosecutions related to his time leading the NIAID.
- Gen. Mark Milley: The former Chairman of the Joint Chiefs of Staff.
- The January 6th Committee: Biden pardoned the members and staff of the House committee that investigated the Capitol riot, basically shielding them from retaliatory investigations.
Honestly, it was a move designed to "pre-empt" the incoming administration. Whether you think that's a brilliant legal defense or an abuse of power usually depends on which side of the political aisle you sit on.
The Marijuana Proclamations
Here is where the numbers get really confusing. When you see the stat "4,245 acts of clemency," that doesn't include the mass pardons for marijuana.
In 2022 and 2023, Biden issued "proclamations" that pardoned thousands of people at once for simple marijuana possession. These aren't counted in the individual DOJ stats because they apply to a "class" of people rather than a specific name on a list.
Experts estimate that these proclamations affected about 6,500 people at the federal level. It didn't get them out of jail (because almost nobody is in federal prison for just simple possession), but it cleared their records so they could get jobs or housing more easily.
Emptying Death Row
One of the most significant—and least talked about—moves happened on December 23, 2024. Biden commuted the sentences of 37 out of 40 people on federal death row.
He didn't let them go free. He changed their sentences to life in prison without the possibility of parole. He left only three people on death row: those convicted of mass murder or terrorism. It was a clear, final middle finger to the federal death penalty before he headed out the door.
What This Means for the Future
So, what's the takeaway? Biden’s approach was basically a "barrage" strategy. By focusing on commutations for non-violent drug offenders, he tried to fix what he saw as a broken system. By using preemptive pardons for his inner circle, he tried to build a legal fortress around his legacy.
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If you’re looking for actionable insights on how this affects you or the legal landscape:
- Check the Pardon Attorney's Site: If you or a family member were part of the marijuana proclamations, you don't just "get" a pardon; you have to apply for a certificate to prove it. The DOJ has a portal for this.
- Watch the Precedent: Biden has set a very high bar for "mass clemency." Future presidents will likely use his January 17th move as a template for how to use executive power at the end of a term.
- The Record is Set: Unless a future president decides to commute the entire federal prison population, Biden’s record of 4,245 acts is likely to stand for a very, very long time.
It’s a lot to digest. The sheer volume of how many pardons by Biden changed the lives of thousands of families, even if the headlines only focused on the one with the last name Biden.
Next Steps for You
If you think you qualify for a pardon under the marijuana proclamations, your first step is to visit the Office of the Pardon Attorney website. You'll need your case number and sentencing dates to apply for the official certificate of pardon. This document is what you actually show to employers or landlords to prove your record has been cleared. For those tracking the broader legal impact, keep an eye on how the Supreme Court handles "preemptive" pardons in the coming year, as those are almost certain to be challenged in lower courts.