[9] In 2009, 64 pardons were granted. Other than the benefits noted above, the law is unclear what other effects a pardon actually has. 19.2-298.02(D). In 2014, Virginia enacted new restrictions on concealed carry permits for those convicted of two or more misdemeanors (5 years), marijuana possession and public drunkenness (3 years), stalking (permanent with no relief), and juvenile offenses that would be a felony (16 years). These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. Ann. In your statement, do not simply say that you want a clean criminal record. The governor may grant a full pardon or limited restoration of rights, under such rules and regulations as may be prescribed by law. Va. Const. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . Taken into Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. See general rules at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/. 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. Persons convicted in other jurisdictions while residing in Virginia (including federal offenders), or who moved to Virginia before their rights were restored in the jurisdiction of conviction, may apply to the Governor for restoration under his constitutional pardon power. 53.1-136(5). [7] Of course, this is not the only extraordinary circumstance that would qualify you for a conditional pardon. 286, 476 S.E.2d 512 (Va. Ct. App. An explanation of the clemency system can be found at. Va. Code Ann. V, 12;see alsoVa. Code 53.1-229. The website of the Office of the Secretary of the Commonwealth indicates that If any felony was involved, you MUST have been granted your Restoration of Rights before appealing for the pardon. There is a five-year eligibility waiting period, which runs from date sentence is completed (including any probation, suspended time, or good behavior time).5 If a pardon application is denied, an applicant may reapply after two years. With an important caveat, a person may not be refused a license or occupational/professional certificate solely because of a prior criminal conviction, unless the criminal conviction directly relates to the occupation or profession for which the license, certificate or registration is sought. Your simple pardon application will first be sent to the Parole Board for review, and, if the Parole Board finds that your application has merit, it will conduct a thorough investigation. A separate bill providing for marijuana legalization and expungement (SB 1406) authorized the automatic expungement of records related to certain misdemeanor marijuana offenses along with petition-based expungement of all other misdemeanor and many felony marijuana offenses. The Parole Board consists of five members appointed by the governor to open-ended terms. No more than two members are full-time. 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. An explanation as to why you should be granted an absolute pardon. In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. Requirement of a hearing may be waived if government gives written notice to the court that he does not object to the petition and, when the charge to be expunged is a felony, stipulates in such written notice that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner. Id. ContentsI. The Commonwealth shall be made a party to any action under this section. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. He also issued a number of conditional pardons (commutations). Secretary of the Commonwealth, Simple Pardons. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. A simple pardon is useful in signifying rehabilitation, but Virginia authorities advise that it is not clear what if any legal effect such a pardon may have under state law. Governor McAuliffe formalized the pardon process, so that applicants fill out a questionnaire that requires information related to the applicants juvenile and adult criminal record, sentence, employment history, educational background, military service, community service, as well as the reason the applicant feels the governor should grant a pardon. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. Record Clearing .org - post conviction information, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/clemency.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/pardons.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/simplePardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/conditionalPardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/absolutePardon.cfm, http://www.sentencingproject.org/doc/File/Collateral%20Consequences/Virginia.pdf, http://www.timesdispatch.com/news/article_006dacdd-5f85-5e7e-8a87-abdbb83eac03.html, https://www.pardon411.com/w/index.php?title=Virginia_Pardon_Information&oldid=788. Expungement, sealing & other record relief, A. However, no expungement because of the requirement that the court find facts justifying guilty finding. Because the focus of this site is on pardons, we do not discuss reprieves, commutations, parole, remission of fines and forfeitures, or other types of clemency that may be available in Virginia here. Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. [13] Nevertheless, a pardon isnt necessarily the only way to get your gun rights restored. If a close family member of yours has a terminal illness and you wish to be with them during the life days of their life, explain this and provide proof of their illness. Your entire application/petition, along with all supporting documents and letters of recommendation, should be mailed to: The Honorable [current Governors name] There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. One must be a representative of a victims group. 9 (S.B. IMPLES ONDITIONALC art. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. Fortunately, states tend and honor each others pardons. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. v. Dotson, 661 S.E.2d 473, 476 (Va. 2008) (where court required to find evidence of guilt under 18.2-251, charges not otherwise dismissed within the meaning of expungement statute). The governor may grant a full pardon or limited restoration of rights, under such rules and regulations as may be prescribed by law. Va. Const. [12] You should talk to an attorney knowledgeable about record expungements to help you with this process. The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. Juvenile recordsG. . [6] For a felony conviction, you must have applied for and been granted a Restoration of Rights before applying for a simple pardon. 19.2-298.02. Stricter eligibility standards apply to the statutory restoration procedure through the court. 19.2-392.8(b). 19.2-392.2(I). Circuit Court . [8] In most cases you must have tried to get a Writ of Actual Innocence before you can ask for an absolute pardon from the Governor.[8]. Va. Code. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. 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). 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. There is no reliable method of predicting how long a pardon petition will take to complete. A pardon, on the other hand, does restore your gun rights if you ever lost them due to a conviction, unless the pardon specifically says otherwise. Secretary of the Commonwealth, Absolute Pardons and Writ of Actual Innocence. Va. Code Ann. Court-appointed legal assistance: Individuals who cannot afford an attorney for help with the petition-based sealing process can request one. . 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. Your report should list all convictions you have ever received in Virginia. [10] Your chance of getting a pardon largely depends on your individual circumstances. You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. If renacted in 2023, these two 2022 laws would also make a number of changes in the language governing a boards determination of direct relationship that are intended to limit a boards ability to reject applicants based on their conviction. 16.1-306(A). These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. See Howell v. McAuliffe(Va. 2016). Each Governor has the discretion to set his or her own guidelines/policies regarding who is eligible for a pardon/clemency and the process to apply.[4]. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. The clemency power may be broad, but it is not absolute. Specifically, the pardon power must be interpreted in light of the constitutional prohibition on suspension of laws by the executive.4 Governor Terry McAuliffe responded to the courts action by undertaking to restore the vote on an individual basis, initially to the more than 200,000 individuals affected by his orders to that time, and thereafter on a regular basis through additional executive orders. The new laws would prohibit refusal of a license based on a conviction until the board. (804) 692-0104 A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. 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. 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. 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. Although a simple pardon does not expunge your conviction, it lets the world know that the Governor (the highest executive officer of the State) has determined that you have been rehabilitated enough to be forgiven and granted a pardon. Ralph Northam granted Tillman an absolute pardon Jan. 13. Also, in most cases, federal immigration authorities cannot rely solely on a conviction that has been subject to a pardon for the purpose of deporting you from the country. art. 53.1-136(5), 53.1-231. Keep a copy of everything you send for your records. 53.1-134. Have witnesses who can prove your innocence write letters explaining their version of the events. 19.2-392.2(I). Upon filing, the court holds a hearing and makes a determination as to whether the person has completed their sentence five years previous, and demonstrated civil responsibility. The court then makes a recommendation to the governor. Ralph Northam on Wednesday. Self-explanatory forms are there for you to access and fill out. [8] The Governor will simply have the Parole Board review your application, conduct an investigation, and then make a recommendation to him or her. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. Va. Code. Va. Const. 19.2-392.3. 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. See discussion below of the restrictions on access imposed by the 2021 law. Prior to 2016, individuals convicted of non-violent offenses were eligible to petition for relief immediately upon completion of their sentences, while those convicted of violent offenses were required to wait five years to file a petition. If the measure fails again in 2023, the amendment process would have to start over. v. Dotson, supra, would appear to preclude expungement. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Stricter eligibility standards apply to the statutory restoration procedure through the court. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. With one exception, all sealing authorities take effect July 1, 2025. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. Finally, individuals or the attorney general may initiate a civil action to enforce this section of the legislation, and the companies may be forced to pay damages if they violate it. . Pursuant to 19.2-392.2 C, the petition with a copy of the Secretary of the Commonwealth, Conditional Pardons. 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. The governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. For localities, the prohibition also does not apply to positions for employment by the local school board. See https://www.cannabis.virginia.gov/. [5] An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Explain what your future plans are and how a pardon would help you. 53.1-231.2, described below. . Va. Code Ann. The pardon application form is available at. 550, cl. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. WebWe subsequently submitted a request for an absolute pardon for Mr. Knight, and on January 14, 2022, Governor Northam granted a conditional pardon to Mr. Knight. See the section below on marijuana offenses. In February 2021, a proposal to amend the state constitution was approved by the legislature that, if approved a second time by the next legislature and by a referendum, will disenfranchise only people who are sentenced to a prison term and will restore their right to vote upon release from prison. See Va. Code Ann. Va. Const. [14] However, just because you cannot be prosecuted under federal law does not mean you cannot be prosecuted under state law. 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. 53.1-135. [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. The three types of pardons are absolute, conditional, and simple. To petition for a simple pardon the applicant must be free of all conditions set by the court for a period of ten years. A detailed statement of the facts/circumstances of the offense. For each conviction (misdemeanor or felony) you have ever received: The date you will be eligible for parole. Allows for sealing of felony acquittals and dismissals at disposition with the consent of the prosecuting attorney. It not only relieves you of any further punishment for the conviction, it basically declares you innocent of the crime, and treats you as though you were never convicted. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. Deferred disposition for a misdemeanor property offense: The court may grant deferred disposition for a misdemeanor property offense (with certain exceptions), 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 guiltunless the accused has been previously convicted of a felony, or previously had an offense dismissed under this section. The Innocence Project gives law students hands-on Va. Code Ann. In any event, the Secretary of the Commonwealths office advises that as a matter of policy, firearms rights are restored in Virginia only by court order and not by the governor. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. 53.1-135. Frequency of grantsG. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. SB5033. 53.1-231.2. In 2020, HB757 added 2.2-2812.1 and 15.2-1505.3 to the Code to limit inquiries by state agencies and localities regarding criminal arrests, charges, or convictions on employment applications, unless the inquiry takes place during or after a staff interview of the prospective employee. However, a board shall have the authority to refuse a license . If possible, have credible people in your community (such as former teach or boss) or even a fellow prison inmate write letters of recommendation for you. If you would like to apply for a conditional pardon, and you are an inmate at a prison facility, you, your family member, or your attorney must provide the following information in a letter addressed to the Governor[7]: Refer to the previous section on Simple Pardons to find out how to obtain your criminal records and suggestions on what to include in your letter to the Governor. 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. Applications are sent to the Office of the Secretary of the Commonwealth and are sometimes forwarded to the Parole Board which makes a non-binding recommendation to the governor following an investigation. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. 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. Ralph Northam granted an absolute pardon to a client of the Innocence Project at the University of Virginia School of Law on Wednesday. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. 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. Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. Educational accomplishments including the names of schools you attended, years attended, and any degrees or certifications you have received. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. For each conviction (misdemeanor or felony) you have ever received, list: The sentence you received, or otherwise the outcome of the case. 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. 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. You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. Restoration of rights is the first step in the pardon application process for felony offenders. 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 AdministrationC. He had been out on parole since 2016. 19.2-392.4. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. If any felonies were involved, the applicant must See also Crespo v. Holder, 631 F.3d 130 (4th Cir. The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. Cf. 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. 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). Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. Ralph Northam in a months time. See Part II, infra. 19.2-392.16. [1], There is a body called the Parole Board which has the authority, upon the Governors request, to investigate and make recommendation to the Governor on pardon applications. 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.). 16.1-306(A). http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html. Court may grant relief only if it finds manifest injustice to the petitioner, except where arrest was for a misdemeanor and the petitioner has no prior record: If the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the charge. 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. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. 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 convicted. An absolute pardon is often a remedy of last resort. In order to be eligible for an absolute pardon, you must have: Pled not guilty throughout the judicial process. Pardon Specialist An absolute pardon is the most difficult type of pardon to get. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. To qualify for automatic sealing, seven years must have passed since the conviction or deferred dismissal, the person must not have any new convictions during that time, and on the date of disposition, the person must not have been convicted of another offense that is ineligible for automatic sealing. On July 22, 2016, the Virginia Supreme Court struck down a series of executive orders issued by Governor Terry McAuliffe on a monthly basis beginning in April 2016, which purported to restore the vote automatically to all disenfranchised individuals who had completed their sentences and satisfied any attendant financial obligations. 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. The Sentencing Project, Virginia, Margaret Colgate Love, See, e.g., Wilborn v. Saunders, 195 S.E. [5] You must also have been released from your sentence for at least five years before you can apply for a simple pardon. A conditional pardon is available only to a person who is currently incarcerated. 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. After several years of investigation and advocacy by the Innocence Project at the University of Virginia School of Law, client Lamar Barnes was released from prison . Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. Restores right to vote, sit on jury, hold public office, and serve as a notary public. The Parole Board consists of five members appointed by the gov 54.1-204 (Prior convictions not to abridge rights). art. Simple pardon does not expunge the record, but it does constitute official forgiveness and often serves as a means for the petitioner to advance in employment, education, and self-esteem. The criminal records of those who receive a simple pardon are marked with a notation indicating the pardon grant, but the record remains available to the public. 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. You can find out how to do this by calling the FBIs headquarters in Washington, D.C., at (202) 324-3000, or logging onto its website at http://www.fbi.gov. Ralph Northam on Wednesday. SeeVa. Code 53.1-40.02. 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, If you want to pardon for an out-of-state conviction, you should find the appropriate page on this site dealing with pardons in that particular state. (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.. We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. The Honorable [name of current Governor] A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. Requires private companies that buy and sell criminal records to routinely delete sealed records and creates a private right of action for individuals against companies that refuse to do so. See Va. Code Ann. 19.2-303.6. You should also list any positive things that you have done while in prison. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric Va. Stat. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. Va. Const. 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, see Va. Code Ann. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. 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