[5] You must also have been released from your sentence for at least five years before you can apply for a simple pardon. Webpardon. 19.2-392.4. V irginia Gov. Firearms rights may be restored by pardon or by gubernatorial restoration of rights, 18.2-308.2(B), or by court order in the county of the applicants residence if other rights have been restored. 53.1-136(5), 53.1-231. Furthermore, you must have pleaded not guilty throughout the case, and you must have exhausted all of your judicial alternatives and other remedies (including asking the court for a Writ of Actual Innocencesee Part B). Loss & restoration of civil/firearms rights, IV. Under federal law, if you have received a pardon from any state, the pardoned conviction cannot be used by federal authorities to prosecute you for unlawful possession of a firearm unless the pardon specifically says you cannot possess a gun. [14] 16.1-307. However, an exception to the rule exists if you receive an absolute pardon. In 2015, Governor McAuliffe adopted a policy allowing individuals that have had their rights restored to have that restoration noted on their official criminal record if they choose. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. Va. Code Ann. In his four years in office (2010-2014) Governor McDonnell granted a total of 52 simple pardons, 46 in his final year in office, for reasons ranging from restoration of firearms rights to facilitate military enlistment and removal of legal barriers to adoption, to relief from disqualification for public office and employment. The location where you are confined/incarcerated. See 19.2-327.15 et seq. See Farnsworth v. Commonwealth, 599 S.E.2d 482 (2004), affd, 270 Va. 1, 613 S.E.2d 459 (2005).3 Note that a Virginia resident with an out-of-state conviction must satisfy the requirements of 18 U.S. C. 921(a)(20) relating to record relief in the jurisdiction of conviction in order to avoid the bar in federal firearms law. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. This could be beneficial when you apply for a job, housing, a business or occupational license; employers, landlords, and licensing agencies are probably much less likely to consider a conviction which they know has been pardoned. Nearly all other misdemeanor convictions, except DUI and domestic assault, are eligible if the person was not convicted of a new crime for a, Class 5 felonies (110 years in prison), Class 6 felonies (15 years in prison), and felony larceny convictions (except certain DUI offenses) are eligible for petition-based sealing if the person has not been convicted of any offense for a, Deferred dismissals for offenses other than marijuana and alcohol possession are also eligible for petition-based sealing. A person who resides in the state but with an out of state conviction must also pursue this judicial route to relief in order to hunt in Virginia. ApplyForPardon .com - Pardon form completion service. 286, 476 S.E.2d 512 (Va. Ct. App. Ralph Northam granted an absolute pardon to a client of the Innocence Project at the University of Virginia School of Law on Wednesday. As advocates warned during the 2020 special session, these records can continue to appear on private background checks long after the public records have been sealed or expunged. D. Vacatur for victims of human trafficking. 53.1-231.2. Va. Const. However, no expungement because of the requirement that the court find facts justifying guilty finding. Va. Stat. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. No filing fee will be required in the case of indigency. If you feel your life is in danger as long as you remain in prison, explain this and perhaps have some witnesses write letters to support your claim. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. Web3. With enactment of HB 2113 and SB 1406, Virginia gained one of the more progressive record relief systems in the country, with a mixture of automatic and petition-based sealing, both for convictions generally and marijuana offenses specifically. Although you may feel the need to explain the facts of the crime from your perspective, avoid trying to make excessive excuses for your crime and arguing away your guilt. There are no application fees to apply for a pardon in Virginia. Effective March 1, 2021, in any case, courts may, with the agreement of the Commonwealth, after plea or trial, with or without a guilty finding or determination, and notwithstanding entry of a conviction orderupon consideration of the facts and circumstances of the case, including mitigating factors and the request of the victimdefer entry of a conviction order or a final order, and continue the case on reasonable terms and conditions agreed upon by the parties or imposed by the court. No more than two members are full-time. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. The website of the Secretary of the Commonwealth explains that. As a result of the expedited restoration procedure described above that was begun during the tenure of Governor McDonnell (2010-2014), thousands of individuals have had their civil rights restored by executive order. See Va. Code Ann. automatic expungement of misdemeanor possession with intent to distribute marijuana and petition-based expungement of felony marijuana offenses, will not take effect because they were not reenacted in 2022, as required by the legalization law. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. Restoration of rights is the first step in the pardon application process for felony offenders. Conditional pardon (with transfer to secure mental health facility) for those serving long sentences, who suffer from serious mental illness that was an issue at the time of the crime. A conditional pardon, in this respect, is much like parole. 1) Automatic sealing: Under the lawas amended, charges that qualify for automatic sealing include: See 19.2-392.6, 19.2-392.7, 19.392.8(a). [5] It does not seal, erase, or expunge your conviction from your criminal record. [6] The Parole Boards investigation can take up to a year to complete. Federal and out-of-state offenders are not eligible to apply for pardon. if, based upon all the information available, including the applicants record of prior convictions, it finds that the applicant is unfit or unsuited to engaged in such occupation or profession., anguage governing a boards determination of direct relationship that are intended to limit a boards ability to reject applicants based on their conviction.in 2023, will expand on the language in 54.1-204(A) that relates to a finding of direct relationship both substantively and procedurally. His successor, Gov. [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. 53.1-134. Va. Code Ann. (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the persons political disabilities, may expressly place conditions upon the reinstatement of the persons right to ship, transport, possess or receive firearms.. Secretary of the Commonwealth, Absolute Pardons and Writ of Actual Innocence. You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. Secretary of the Commonwealth, Conditional Pardons. Marijuana offenses D. Vacatur for victims of human traffickingE. In February 2021, an amendment to the state constitution was approved by the legislature that, if approved a second time by the next legislature and by a referendum, will restore the vote upon release from prison. Thus, you should always check with the laws of the state you move to rather than just assume that the benefits of the pardon moves with you across state lines. . Because the court must find facts justifying a finding of guilt, the ruling of Comm. Ann. [5] An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Restores right to vote, sit on jury, hold public office, and serve as a notary public. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. He also issued a number of conditional pardons (commutations). A detailed statement of the facts/circumstances of the offense. PORTSMOUTH, Va. (WAVY) Virginia Gov. Va. Code Ann. Richmond, VA 23219. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Cf. If you would like to apply for a simple pardon, and have satisfied the eligibility requirements indicated above, your letter to the Governor must include the minimum following information[6]: If you do not remember all of your convictions or have insufficient information about particular convictions, you may need to obtain a Virginia criminal history report for yourself. There are no application fees to apply for a pardon in Virginia. See Va. Code Ann. DUI and domestic assault) after 7 years, Level 5 and 6 felony convictions after 10 conviction-free years, and deferred dismissals through a petition-based court process. Va. Code Ann. There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. Innocence Project clients Bobbie Morman Jr. and Joey Carter also recently received absolute pardons. There are no application fees to apply for a pardon in Virginia. There are three types of pardons that you can apply for in Virginia: A simple pardon. A conditional pardon. An absolute pardon. 19.2-392.4. Juvenile recordsG. If the executive clemency power were construed to include the restoration of firearm rights, then Code 18.2-308.2(C), insofar as it grants the circuit courts jurisdiction to restore them, would not only be redundant, but would be an unconstitutional intrusion by one branch of government on the powers of another. Candice Reid, Restoration of Rights Director 2021 record clearing laws in generalB. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. If you would like to apply for an absolute pardon, and have met the eligibility requirements indicated in Part B, your letter to the Governor must contain the following information[8]: Refer to the above section on Simple Pardons for information about how to obtain your criminal records and suggestions about what to include in your letter to the Governor. Restoration of Rights is basically another type of clemency that is offered in Virginia. According to the Secretary of Commonwealths website, a petitioner must have pleaded not guilty and, if eligible, exhausted all other remedies, including filing a writ of actual innocence. 3) Petition-based sealing: The greatly expanded petition-based sealing portion of the bill, set forth in 19.2-392.12,covers a broad range of offenses. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation.9 He also granted a number of absolute pardons (for innocence), conditional pardons (sentence commutations), and medical pardons (terminally ill prisoners). Charges may be dismissed but no authority exists to expunge or seal the record. 53.1-231. See HB711. See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. Pardon policy & practiceA. [9] In 2009, 64 pardons were granted. Governor McAuliffe restored the vote automatically on a case-by-case basis to all those who had completed their sentences, including completion of parole or probation, but since 2016 specifically not including an obligation to pay court debt. Court debt no barrier: Notably, court debt will not be a barrier to record clearance under the legislation (a provision requiring payment was omitted in the final bill) and court clerks will continue to have access to records for the purpose of collecting court debt owed by individuals after their record has been sealed. EligibilityD. [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. . In March 2021, Governor Ralph Northam issued an executive order pursuant to his pardon power, restoring the vote to 69,000 people who had been released from prison but had not yet completed their supervision, culminating a process of automatic expansion of the franchise by gubernatorial executive order that began in 2013.1 The history of the expansion of this automatic executive restoration program between 2013 and 2016 is traced by the Brennan Center. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the 19.2-392.3, 19.2-392.4(A)(B). Section 12 also requires the governor to communicate to the General Assembly, at each regular session, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting, or commuting the same. The governors annual reports to the General Assembly (List of Pardons, Commutations, Reprieves, and Other Forms of Executive Clemency), including reasons for granting pardon in each case, are accessible dating back to 1974 at http://leg2.state.va.us/DLS/h&sdocs.nsf/Search+All+Published/?SearchView&SearchOrder=4&query=clemency. Keep a copy of everything you send for your records. Police records for marijuana possession of one ounce or less will take effect July 1, 2021. Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. If possible, have the attorney who represented you at the court proceedings write a letter explaining what occurred during the trial (for example, evidence that was excluded which would have otherwise proven your innocence, the fact that you maintained your innocence throughout the trial, etc.). Until 2021, Virginia law made no provision for expunging or sealing adult conviction records, except those that have been vacated pursuant to a writ of actual innocence. The order directed further that state employment decisions will not be based on the criminal history of an individual unless demonstrably job-related and consistent with business necessity, or state or federal law prohibits hiring an individual with certain convictions for a particular position. A background check would be conducted only after a candidate has signed a waiver, has been found otherwise eligible for the position, and is being considered for a specific position.. Provide any other relevant information that you wish to be considered in your application. FirearmsII. This applies also to persons convicted of federal offenses in another state. [9] If you want a pardon for a federal conviction, you must do that through the United States Department of Justice, Office of the Pardon Attorney (see our page on this site on federal pardons). The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. Between 2002 and 2021, the states governors acted aggressively to restore rights to many thousands of individuals, a practice that became essentially automatic during the tenures of Governor Terry McAuliffe (20142018) and Governor Ralph Northam (20182022). He was sentenced to 53 years in prison and ultimately served 24 years before he was released on a conditional pardon by Virginia Governor Ralph Northam in July 2020. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. The three types of pardons are absolute, conditional, and simple. Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. After the Parole Board has completed its investigation, it will make a recommendation to the Governor, who then has the final say on whether or not you receive a pardon. If the Governor denies your application, you can reapply two years later after the denial.[8]. See, e.g., Report dated February 9, 2021. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. Out-of-state and federal convictions: According to the Office of the Secretary of the Commonwealth, people who were convicted in another state, and whose rights were restored in the jurisdiction where they were convicted (evidenced by voter registration card), may vote in Virginia. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. We respectfully disagree, the majority justices wrote. Civil rightsB. Procedures set forth in 19.2-392.12(E) and (F); if prosecutor does not object, court need not hold a hearing; court must find manifest injustice.. WebABSOLUTE PARDON An absolute pardon may be granted when the Governor is convinced that the petitioner is innocent of the charge for which he or she was SeeVA HB282 and SB409. Loss & restoration of civil/firearms rightsA. Deferred disposition for persons with autism and intellectual disabilities: A new law enacted in 2020 and effective March 1, 2021, allows the court to grant a deferred disposition upon a plea of guilty or not guilty, if the defendant has been diagnosed by a psychiatrist or clinical psychologist with (i) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (ii) an intellectual disability as defined in 37.2-100 and the court finds by clear and convincing evidence that the criminal conduct was caused by or had a direct and substantial relationship to the persons disorder or disability. The court must find facts that would justify a guilty finding and give due consideration to the position of the Commonwealth and views of the victim. 9 (S.B. Deferred disposition for a first drug offense: The court may grant deferred disposition for certain first drug offenses, upon plea of guilty or not guilty, if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt. However, a board shall have the authority to refuse a license . ContactIII. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. See Howell v. McAuliffe(Va. 2016). Office of the Governor For each conviction (misdemeanor or felony) you have ever received, list: The sentence you received, or otherwise the outcome of the case. 53.1-136; Va. Stat. You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. The new laws would prohibit refusal of a license based on a conviction until the board. 2) Sealing at disposition: Felony acquittals and dismissals with prejudice can be sealed by the court immediately at the time of disposition, without filing a petition, with the concurrence of the Commonwealths attorney. Deferred dispositionsC. See alsoPart I-A, supra. 53.1-135. EffectE. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. These grants are all listed in the annual reports of the governor to the legislature cited above. However, keep in mind that the absolute pardon does not automatically expunge your conviction; you must still apply to a court for this after you receive the pardon. 19.2-392.3, 19.2-392.4(A)(B). Also indicate on your personal statement all the positive things that have occurred in your lifefor example, educational achievements, new or stable employment, marriage and children, community involvement, charitable services or donations, law-abiding behavior, etc. V, 12; The legislature has authorized the Parole Board, at the request of the governor, to investigate and make recommendations on pardon cases, but this does not limit the governors power. The statute specifies that if a court places an individual on probation under this section, it is considered a conviction for purposes of school suspension under 22.1-315. 53.1-134. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. See 2021 Virginia Laws Ch. If, after such hearing, the court is satisfied that such person no longer poses a risk to public safety, the court shall grant the petition. In the event the petition is not granted, the person shall wait at least 24 months from the date of the denial to file a new petition for removal from the Registry. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. WebPardon practice is unique it is less a legal remedy and more a small political campaign. 54.1-204 (Prior convictions not to abridge rights). Richmond, Virginia 23218-2454 Clean Slate law: Sealing of convictions and non-convictionsIV. Provides for sealing nearly all midemeanors (ex. [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. v. Dotson, supra. Va. Code Ann. In determining whether a criminal conviction directly relates to an occupation or profession, the regulatory board shall consider the following criteria: If an applicant is denied a registration, license or certificate because of the information appearing in his criminal history record, the regulatory board or department shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. Law enforcement access is also prohibited except that a court may order access upon petition filed by the attorney for the Commonwealth alleging that the record is needed by a law-enforcement agency for purposes of employment application as an employee of a law-enforcement agency or for a pending criminal investigation and that the investigation will be jeopardized or that life or property will be endangered without immediate access to the record. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. Sex offender registryH. 18.2-254.1, -254.2, -254.3. Remember the standard for getting a conditional pardon is that you must show substantial evidence of extraordinary circumstances. For example, if you have a terminal illness and do not have much longer to live, explain this and provide proof of the terminal illness (e.g., a letter from the prison doctor). However, if you are denied, you can reapply two years later after the denial.[6]. Explain to the Governor what your plans are if you are granted the pardon (where you will stay, who you will stay with, what you plan to do for a living, etc.). Office of the Secretary of the Commonwealth 804-786-2441. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. The Innocence Project at the University of Virginia School of Law helped Joey Carter, who served 25 years after being convicted of a Norfolk, Virginia, murder, Enter your information and get a neat and clean looking form sent to you. Third, the companies must include the date they collected an individual record when they disseminate it. There is no reliable method of predicting how long a pardon petition will take to complete. Pardon Specialist (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the persons political disabilities, may expressly place conditions upon the reinstatement of the persons right to ship, transport, possess or receive firearms. Cf. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. Effect of sealing: In general, sealed records may not be disclosed except pursuant to a court order, unless disclosure is specifically authorized by 19.2-392.13(C) These 25 specific authorizations include various law enforcement and related employments, and any purpose for which a background check is required by federal, state or local law. . In addition, it is the only type of pardon that would allow you to have your conviction expunged from your criminal record. See Comm. Va. Code. Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or an absolute pardon. In your statement, do not simply say that you want a clean criminal record. The Governor can only grant a pardon for a Virginia conviction. The prohibition does not apply to applications for law enforcement employment, or to state agencies that are expressly permitted to inquire into an individuals criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of Expungement, sealing & other record reliefA. You should provide other relevant information that you wish the Governor to consider. [7] Having a terminal illness with a life expectancy of three months or less would qualify you for a conditional pardon. You should also list any positive things that you have done while in prison. Some states have stricter gun laws than federal law. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. [7] The Parole Board will review your application, and, if it finds merit, will conduct a thorough investigation and then submit a recommendation to the Governor. WebIf any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing Notably, court debt will not be a barrier to record clearance under the legislation. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. The Innocence Project gives law students hands-on Ann. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. For example, explain how you have been denied housing or employment opportunities because of your conviction, and how this has prevented you from providing you and your family an adequate standard of living. A conditional pardon is available only to a person who is currently incarcerated. You can also do an online request on its website at http://www.vsp.state.va.us/. 53.1-135. See Va. Code Ann. II, 1 (No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority.); Persons convicted of a felony lose firearms rights, as do those adjudicated delinquent at age 14 or older of murder, kidnapping, robbery with a firearm, or rape. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. If the measure fails again in 2023, the amendment process would have to start over. Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by Gov. 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Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by.. ] the parole Boards investigation can take up to a year to complete the..., such as when the charge is dropped as part of a plea agreement the offense for the of!