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Council amends Clemency Board authority to align with DOJ waivers

Council of the District of Columbia · January 6, 2026
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Summary

Councilmember Pinto moved emergency legislation to allow the Clemency Board to grant waivers of the five‑year waiting period when DOJ grants a waiver; the emergency and the underlying emergency bill passed unanimously to prevent gaps in eligibility.

Councilmember Pinto moved the Clemency Board Waiver Authority Emergency Declaration (PR26‑495) and the underlying emergency bill to give the District’s Clemency Board the authority to grant a waiver of the five‑year waiting period when the Department of Justice grants a comparable waiver. Pinto said the 2018 law intentionally mirrored DOJ rules but did not provide similar waiver authority to the local Board; the amendment aligns local practice with DOJ authority and prevents eligible applicants from being deemed ineligible.

The Council adopted the emergency declaration and the emergency bill unanimously; Pinto said the change prevents operational gaps while permanent legislation proceeds through committee.