[6] The Parole Boards investigation can take up to a year to complete. 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(5), 53.1-231. 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. An absolute pardon is the most difficult type of pardon to get. . 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.); see also Va. Code Ann. 19.2-392.8(b). 16.1-306(A). Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric If you lost certain rights because of a convictionsuch as your rights to vote, to serve on a jury, and to hold public officethe most sure way to have them restored is not through a pardon but through a type of clemency called Restoration of Rights. 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. The Commonwealth shall be made a party to any action under this section. The new laws would prohibit refusal of a license based on a conviction until the board. In the event of dismissal, expungement may follow if the prosecutor agrees: Upon agreement of all parties, a charge that is dismissed pursuant to this section may be considered as otherwise dismissed for purposes of expungement of police and court records in accordance with 19.2392.2, and such agreement of all parties and expungement eligibility shall be indicated in the final disposition order. It does not restore firearms rights. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. 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. Finally, keep in mind that the effects of a pardon can vary from one state to the next. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. 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. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. If you need to regain your gun rights, explain why you need thisfor example, you are pursuing a career that requires the use of firearms, or you want to take part in your family hunting traditions, or you simply want to feel more secure and able to defend yourself and/or your family after a recent traumatic event. v. Dotson, supra. Innocence Project clients Bobbie Morman Jr. and Joey Carter also recently received absolute pardons. That said, a board may review records in which a sentence was suspended, and pleas of nolo contendere. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. 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. WebA conditional pardon is an act to modify or end a sentence imposed by the court. 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. [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. Va. Code Ann. Third, the companies must include the date they collected an individual record when they disseminate it. See the section below on marijuana offenses. 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. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. The Governor is probably more interested in seeing your remorse for the crime, and your understanding of its effects on the victim and society, than anything else. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. Allows for sealing of felony acquittals and dismissals at disposition with the consent of the prosecuting attorney. (See https://www.cannabis.virginia.gov/.). Naturally, the older and less serious your conviction, and the more compelling your life story, the higher your chance of getting a pardon. The court, in a 4-to-3 decision, disputed the governors assertion that his clemency power was absolute under the states Constitution. 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. 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. He also granted four conditional pardons to enable the recipients to avoid deportation. 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. See, e.g., Report dated February 9, 2021. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. 1101(a)(48)(A)(i) to make him deportable since there was no concession or finding of guilt). 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. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. 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. 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). Your report should list all convictions you have ever received in Virginia. Interested persons are invited to contact the Secretarys office by email (pardons@governor.virginia.gov) or by phone (804-692-2542.) WebA partial pardon is a form of a conditional pardon and can be granted to individuals who are experiencing immigration issues. 53.1-231.2. 284 Va. at 451. 18.2-308.09. Gallagher v. Commonwealth, 284 Va. 444, 451, 732 S.E.2d 22 (Va. 2012).6. No more than two members are full-time. Your entire application/petition, along with all supporting documents and letters of recommendation, should be mailed to: The Honorable [current Governors name] 1-231.1 requires the director of corrections to give notice to individuals completing their sentences of the procedure for regaining rights. 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. There are no application fees to apply for a pardon in Virginia. Loss & restoration of civil/firearms rightsA. 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.. Va. Code Ann. Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, 18.2-250.1. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. 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. Va. Code Ann. With one exception, all sealing authorities take effect July 1, 2025. In 2021 Virginia enacted a series of provisions authorizing vacatur and expungement for victims of sex trafficking convicted or adjudicated guilty of prostitution and related offenses. First, private companies (defined as business screening services under the bill) have an obligation to delete sealed records and must take steps to ensure they do not maintain sealed or inaccurate records. 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. 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. He also issued a number of conditional pardons (commutations). 7, 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. 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). 286, 476 S.E.2d 512 (Va. Ct. App. Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. Va. Code Ann. 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. The date which you will be mandatorily released. Circuit Court . See Va. Code. The Honorable [name of current Governor] 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. These letters should indicate to what extent the writer knows you and why he or she thinks you should be granted a pardon. With one exception, these provisions are also scheduled to go into effect by 2025. Have witnesses who can prove your innocence write letters explaining their version of the events. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. H. Clean Slate law: Sealing of convictions and non-convictions, to assist an innocent persons ability to obtain employment, an education and to obtain credit. This is significant in light of a, Application-stage inquiries into criminal history by executive branch agencies are also governed by a 2015 executive order which directs all state agencies to remove the question relating to criminal record from employment applications, and encourages similar hiring practices among private employers operating within the Commonwealth and state government contractors., The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. The Innocence Project gives law students hands-on Office of the Governor See alsoPart I-A, supra. 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. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. Governor of Virginia No filing fee will be required in the case of indigency. Secretary of the Commonwealth, Simple Pardons. 2022 modifications of the licensing law: In 2022, two identical laws were enacted that, if reenacted in 2023, will 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.in 2023, will expand on the language in 54.1-204(A) that relates to a finding of direct relationship both substantively and procedurally. The governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. 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 53.1-136(5), 53.1-231. See Part I-A,supra. ContactIII. This is a change from the existing expungement law, which was. Fortunately, states tend and honor each others 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. [14] 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. This bill also expanded the offenses subject to the limits on dissemination of criminal history record information (discussed above) to include arrests, charges, and convictions for misdemeanor with intent to distribute marijuana offenses. . 53.1-231.2, described below. 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. [8] The Governor will simply have the Parole Board review your application, conduct an investigation, and then make a recommendation to him or her. One must be a representative of a victims group. Introduces a system of court-appointed counsel for individuals who cannot afford an attorney for the petition-based sealing process. 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. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. AuthorityB. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. [3] The members serve at the pleasure of the Governor.[3]. Charges may be dismissed but no authority exists to expunge or seal the record. FirearmsII. . Alternatively, you can contact the criminal history record repository (which keeps a record of all criminal activity in a state) in each state where you have arrests/convictions. 1406). 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.. There are three types of pardons: 1. A Simple Pardon is a statement of official forgiveness. 2. A Conditional Pardon is available only to people who are currently incarcerated. 3. An Absolute Pardon is rarely granted because it is based on the belief that the petitioner was unjustly convicted and is innocent. The general record relief legislation (HB 2113) includes five key provisions: The provisions of HB 2113 are scheduled to go into effect no later than 2025, and they are described together in a final 2021 law section below. ApplyForPardon .com - Pardon form completion service. V, 12;see alsoVa. Code 53.1-229. In April 2021, SB1406 eliminated criminal penalties for simple possession of up to one ounce of marijuana by persons 21 years of age or older. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. 19.2-392.2(I). A simple pardon is the most common form of pardon in Virginia. ProcessF. . 53.1-134. Emerson Stevens is the third client of the Innocence Project at the University of Virginia School of Law to receive an absolute pardon from Virginia Gov. These two 2022 laws also provide that a board shall not require an applicant to disclose an excluded record, and an excluded record shall not be the basis for the refusal of a license, certificate, or registration by the board. (An excluded record is any conviction that has been sealed, annulled, dismissed, expunged, or pardoned, and any non-conviction record.) 19.2-298.02. Finally, pardons are granted very sparingly in Virginia. Office of the Secretary of the Commonwealth Webpardon. In Virginia, the governor may grant simple pardons for forgiveness of crimes, an absolute pardon for innocence, or a conditional pardon to commute a prison sentence. . Criminal record in employment & licensing, http://leg2.state.va.us/DLS/h&sdocs.nsf/Search+All+Published/?SearchView&SearchOrder=4&query=clemency, https://commonwealth.virginia.gov/judicial-system, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons, https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf, https://rga.lis.virginia.gov/Published/2021/SD2/PDF, http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf, https://www.washingtonpost.com/local/va-politics/cuccinelli-set-to-announce-findings-on-restoring-voting-rights-of-virginia-felons/2013/05/27/9f6819e0-c6e4-11e2-9245-773c0123c027_story.html, http://www.eji.org/files/howell-v-mcauliffe-virginia-supreme-court-decision-07-22-16.pdf, http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html, https://governor.virginia.gov/newsroom/newsarticle?articleId=3880, http://www.timesdispatch.com/news/state-regional/mcauliffe-to-speed-rights-restoration/article_661befcf-b8c9-5ca3-ba60-05b75812c9a3.html, http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22010/$file/SD2.pdf, http://leg2.state.va.us/DLS/h&sdocs.nsf/a762cd2685f84d7a85256f030053196e/0407b390e94aad9e852579bf005c4445?OpenDocument&Highlight=0,clemency. An explanation as to why you should be granted an absolute pardon. 19.2392.2:2. 1406). Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. However, A Restoration of Rights certificate does not necessarily restore your gun rights. Recall we stated in Part B that you must have applied for a Restoration of Rights before you can apply for a simple pardon (you do not need to do the same with a conditional pardon or an absolute pardon). Ann. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. 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. 1996)(person pardoned is exempt from prohibitions against possession of firearms by felons), http://commonwealth.virginia.gov/Judicial-system/pardons, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/restoration.cfm, http://commonwealth.virginia.gov/judicial-system/restoration-of-rights/. Juvenile recordsG. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. . There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. 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. Restoration of rights is the first step in the pardon application process for felony offenders. You should provide other relevant information that you wish the Governor to consider. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. [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. . Id. Applicants are not required to disclose expunged records in response to any employment-related inquiry. Otherwise, it shall deny the petition. reid@governor.virginia.gov, Jennifer Crown [5], In order to qualify for an absolute pardon, you must have pleaded not guilty throughout your trial, notwithstanding the fact that you were ultimately convicted. SeeVA HB282 and SB409. Federal and out-of-state offenders are not eligible to apply for pardon. The letters should also indicate the writers contact information for verification purposes. See https://www.cannabis.virginia.gov/. 53.1-135. In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. 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. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. [6] Getting a simple pardon can be beneficial in terms of removing some of the stigma of conviction, advancing your educational and employment prospects, and improving your self-esteem.[5]. [9] However, there is a 3-year waiting period before you can apply (that is, 3 years after you completed your sentence) if your conviction was a nonviolent offense, and a 5-year waiting period for violent and drug offenses (other than simple possession). The bill takes several steps to alleviate this problem. . He had been out on parole since 2016. Criminal record in employment & licensingA. Expungement of police and court records by petition is authorized under 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.. If you are pursuing a career in a field that requires you to obtain a pardon, submit documents, letters, or other proof from a prospective employer, licensing agency, or attorney verifying this necessity. 9.1-910 (Removal of name and information from Registry). 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. The prosecutor will supply both types of information instead. 16.1-307. art. 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. Gov. Applicants are not required to disclose expunged records in response to any employment-related inquiry. See Comm. The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. See Comm. Ralph Northam granted an absolute pardon to a client of the Innocence Project at the University of Virginia School of Law on Wednesday. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. Ralph Northam granted Tillman an absolute pardon Jan. 13. 8.01-338 (2) (Persons convicted of treason or a felony disqualified from jury service); Va. Code Ann. Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. [10] Your chance of getting a pardon largely depends on your individual circumstances. 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. Unless your situation involves a terminal illness or deportation where you do not have a lot of time, the Parole Boards investigation can take up to a year to complete. Police records for marijuana possession of one ounce or less will take effect July 1, 2021. 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 53.1-135. On Aug. 10, Northam granted an absolute pardon to Joey Carter, who served 25 years on charges of first-degree murder, attempted robbery, robbery and statutory burglary. Ann. Submit copies of your college transcript, high school diploma or GED, military certificates, marriage certificate, honors and awards, and other proof of your rehabilitation and good character. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. 2021 record clearing laws in general. 1101(a)(48)(A)(i) to make him deportable. Enter your information and get a neat and clean looking form sent to you. The information shall not be disseminated except as provided for in this section. 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. See Effect section below. Occupational licensing. In other words, you must have maintained your innocence throughout the proceedings. See Part II, infra. 9 (S.B. 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