The "Clemency Board Waiver Authority Emergency Amendment Act of 2025" seeks to amend the Clemency Board Establishment Act of 2018 by granting the Clemency Board the authority to waive the five-year waiting period for applicants seeking a pardon. Currently, applicants must wait five years after their release from confinement or five years after their conviction before applying for clemency. The proposed amendment allows the Board to grant a waiver if the applicant has received a waiver from the Office of the Pardon Attorney or the President of the United States. However, the Board retains the discretion to deny the waiver even if the notice is received, and it cannot grant a waiver if the applicant is on probation, parole, or supervised release.
The new legal language added to the Act includes provisions that outline the conditions under which the Board may grant a waiver, such as requiring written requests from applicants and the ability for the Board to request additional information. The amendment also mandates that the Board provide written notice of its decision regarding the waiver request. This change aims to align the District's clemency process more closely with the Department of Justice's practices, ensuring that applicants who have received a waiver from federal authorities are not automatically deemed ineligible by the Board.