When it comes to the power of the pen, Joe Biden didn't hold back, but honestly, the headlines can be a bit confusing. People often conflate "pardons" with "clemency," which leads to some pretty wild misunderstandings about the actual math. If you're looking for the hard data on how many pardons did Joe Biden issue, the total stands at exactly 80 individual pardons.
That number might sound surprisingly low. Especially for a guy who left office with the title of the most "merciful" modern president in terms of total actions. But there's a huge catch. While he only handed out 80 individual pardons, he issued over 4,100 commutations.
Basically, he focused on shortening prison stays rather than completely wiping records clean for everyone.
It's a nuanced distinction that most folks miss. A pardon is like a legal "reset" button—it wipes the conviction away. A commutation just says, "You've done enough time, you can go home now," but the conviction stays on your record. If you count every single act of mercy, Biden's total hits 4,245. That’s a massive jump from his predecessors, and it marks a massive shift in how the White House uses Article II, Section 2 of the Constitution.
The Breakdown: Individual vs. Mass Proclamations
When we talk about how many pardons did Joe Biden issue, we have to separate the specific people he named from the "categorical" pardons he gave via proclamation. This is where the statistics get muddy.
In terms of specific, named individuals, the 80 pardons included people like his son, Hunter Biden, and several non-violent drug offenders. But Biden also issued sweeping "proclamations" for marijuana possession. These weren't individual pieces of paper for every person; they were blanket orders covering thousands of people convicted under federal law for simple possession.
According to the Department of Justice, those marijuana proclamations theoretically covered about 6,500 people. If you add those in, the "pardon" count rockets up, but for official record-keeping, the DOJ usually tracks the 80 specific grants.
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The Late-Term Sprint
Presidents always get a little "pardon-happy" right before they leave, but Biden took it to a different level in his final months.
- December 2024: He pardoned 39 people in a single day.
- January 2025: Just days before the inauguration, he issued a flurry of commutations.
- The Death Row Move: In one of his most controversial late-term moves, he commuted the sentences of 37 out of 40 people on federal death row to life in prison.
He didn't want the next administration to have the chance to execute them. It was a strategic use of the pardon power that focused on the philosophy of the "second chance."
Why the Pardon Count Matters
You've probably heard the term "War on Drugs" a thousand times. Biden’s clemency strategy was a direct swing at the legacy of the 1994 Crime Bill—ironically, a bill he helped write.
His focus wasn't just on numbers; it was on "sentencing disparities." He looked for people who were serving time for crack cocaine offenses that, if they had been caught with powder cocaine today, would have seen them home years ago.
Kinda ironic, right?
He used the end of his term to fix the very system he helped build decades earlier. Most of his commutations targeted people who were already on "home confinement" due to COVID-19. He didn't want to send them back to a cell after they’d spent years reintegrating into society, working jobs, and seeing their kids.
Comparing Biden to Previous Presidents
To understand how many pardons did Joe Biden issue, you have to see where he sits in the history books.
| President | Individual Pardons | Total Clemency Acts |
|---|---|---|
| Joe Biden | 80 | 4,245 |
| Donald Trump (Term 1) | 143 | 237 |
| Barack Obama | 212 | 1,927 |
| George W. Bush | 189 | 200 |
As you can see, Biden was actually stingy with pardons compared to Obama or Trump, but he was the "King of Commutations." He preferred to let people out of prison rather than give them a clean legal slate.
The "Preemptive" Controversy
One of the weirder aspects of Biden's record involves what experts call "preemptive pardons." Most people think you have to be charged with a crime to get a pardon.
Nope.
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Biden issued a full and unconditional pardon to his son, Hunter Biden, covering a period of eleven years. This wasn't just for the gun and tax charges Hunter was already convicted of; it was for anything he might have done. It was a "just in case" move.
He also issued these to other close allies and staffers, fearing they might be targeted by the incoming Trump administration. It's legal—the Supreme Court decided that in Ex parte Garland back in 1866—but it definitely ruffles feathers across the political aisle.
Actionable Insights for the Future
The legacy of Biden's 4,000+ clemency acts will be felt for years in the federal prison system. If you or a loved one are looking into the clemency process, here is what you need to know about the current state of affairs:
- Federal vs. State: Remember, a President can only pardon federal crimes. If you have a state-level conviction (like most marijuana charges), you have to go to the Governor.
- The Proclamation Portal: For those covered under the marijuana possession pardons, the DOJ has a specific portal to apply for a certificate. You don't get a letter automatically; you have to ask for the "proof" that you've been pardoned.
- The "Clemency Backlog": Even with Biden's thousands of actions, there are still over 9,000 pending petitions. The process is slow, bureaucratic, and often feels like a lottery.
If you're tracking the numbers for historical or legal reasons, keep the distinction clear: how many pardons did Joe Biden issue? 80. But how many people did he help? Thousands.
To take the next step in understanding your own rights or the status of federal clemency, you should visit the Office of the Pardon Attorney website at the Department of Justice. They maintain the official list of names and have the application forms for those seeking a second chance. You can also look up specific "Pardon Proclamations" to see if a general order applies to a specific situation without needing an individual grant.