1101(a)(48)(A)(i) to make him deportable. 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. Cf. In order to get a conditional pardon, you will need to show substantial evidence of extraordinary circumstances to warrant the Governor to grant you the pardon. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. See Comm. [5] In order to qualify for an absolute pardon, you You can find out more about the Restoration of Rights process and access the application forms on the Secretary of the Commonwealths website: http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/restoration.cfm. Other than the benefits noted above, the law is unclear what other effects a pardon actually has. Va. Code Ann. SeeVA HB282 and SB409. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. He also granted four conditional pardons to enable the recipients to avoid deportation,and a number of medical pardons (commutations). Candice Reid, Restoration of Rights Director https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. 2021 record clearing laws in general. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. . EffectE. 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. 9 (S.B. Office of the Governor Ann. Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. However, A Restoration of Rights certificate does not necessarily restore your gun rights. . Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by Gov. 19.2-392.12(L). Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Va. Code Ann. Marijuana offenses D. Vacatur for victims of human traffickingE. See 18.2-308.2(C)(no person who has been convicted of a felony shall be qualified to petition for such an order unless his civil rights have been restored by the Governor or other appropriate authority).2 If the person is not a resident of the Commonwealth, restoration may be sought in the circuit court of any county or city where such person was last convicted of a felony or adjudicated delinquent . 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. Va. Code Ann. He had been out on parole since 2016. . [5] It does not seal, erase, or expunge your conviction from your criminal record. art. The letters should also indicate the writers contact information for verification purposes. Stricter eligibility standards apply to the statutory restoration procedure through the court. EligibilityD. A conditional pardon, in this respect, is much like parole. Ralph Northam in a months time. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. 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. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. Criminal record in employment & licensingA. D. Vacatur for victims of human trafficking. [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. Ralph Northam on Wednesday. Applicants are not required to disclose expunged records in response to any employment-related inquiry. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. An absolute pardon is generally granted only for innocence. [O]ur constitutional history demonstrates a cautious and incremental approach to any expansions of the executive power, leading to the conclusion that the concerns motivating the original framers in 1776 still survive in Virginia. The Secretary of the Commonwealth is the office that receives all pardon applications. Va. Code Ann. 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. The new laws would prohibit refusal of a license based on a conviction until the board. This applies also to persons convicted of federal offenses in another state. [12] You should talk to an attorney knowledgeable about record expungements to help you with this process. Conditional pardons are rare as the Governor does not typically substitute their judgment Notice of restoration procedure by corrections director. [5] As the name suggests, there are conditions attached to the pardon, which if you violate could cause your pardon to be revoked and you to be thrown back in prison.[5]. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. 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. Ralph North extended an absolute pardon to Rev. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. There are no application fees to apply for a pardon in Virginia. 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. For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. PORTSMOUTH, Va. (WAVY) Virginia Gov. . WebA conditional pardon is an act to modify or end a sentence imposed by the court. Any previous names and/or aliases you have used. There will be conditions attached to the pardon (hence the name), which if you violate can cause your pardon to be revoked and you to be thrown back in prison.[11]. 53.1-231.2. 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). [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. 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. 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. 19.2-392.4. Expungement, sealing & other record reliefA. However you feel about the crime, you have already been found guilty. 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.). 19.2-392.2, in the case of acquittal or where charges were nol prossed or otherwise dismissed, but not where adjudication deferred after a finding of guilt. 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. Finally, these two laws would require, beginning July 1, 2025, the Department of Professional and Occupational Regulation must include in its biennial report to the governor certain data related to the criminal history of applicants for each regulatory board, including the number of applicants with a criminal history and cases where denial of a license was based in whole or in part upon the existence of the applicants criminal record. . 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. Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. The court shall hold a hearing to determine whether the person was a victim unless the commonweaths attorney certifies that a person was a victim in which case the court need not hold a hearing. However, a board shall have the authority to refuse a license . 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. ContentsI. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. 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. See Howell v. McAuliffe(Va. 2016). . You should also list any positive things that you have done while in prison. The Honorable [name of current Governor] Innocence Project clients Bobbie Morman Jr. and Joey Carter also recently received absolute pardons. 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. See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. Webpardon. That said, a board may review records in which a sentence was suspended, and pleas of nolo contendere. See HB 972. Regulation of private background screeners: The other major component of the bill addresses the regulation of private companies that buy and sell individuals criminal records. 19.2-392.3. 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. See Effect section below. You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. (For example, Vince Gilmer, Christopher Sharikas) Absolute pardon of those convicted whove completed their sentence and have a strong innocence claim. Va. Const. 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. There is no reliable method of predicting how long a pardon petition will take to complete. See Part I-A,supra. 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. completes an individualized assessment of the individuals criminal record and current circumstances and determines that the criminal conviction directly relates to the occupation or profession [for which the license is sought]. Deferred dispositionsC. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. 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. SB5033. [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. WebAn absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. Your entire application/petition, along with all supporting documents and letters of recommendation, should be mailed to: The Honorable [current Governors name] 18.2-254.1, -254.2, -254.3. Rights must be restored before a convicted felon can request a pardon from the Governor. 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). The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. 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. 53.1-134. 1-231.1 requires the director of corrections to give notice to individuals completing their sentences of the procedure for regaining rights. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. If the measure fails again in 2023, the amendment process would have to start over. Stricter eligibility standards apply to the statutory restoration procedure through the court. Loss & restoration of civil/firearms rightsA. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. Secretary of the Commonwealth, Absolute Pardons and Writ of Actual Innocence. 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. 54.1-204(A). Some states have stricter gun laws than federal law. [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 governor is required by the state constitution to give a reason for each grant in his report to the legislature (see above), but he generally gives no reasons for denials. See Va. Code Ann. Tell the Governor how your conviction has negatively affected you and/or your family. 19.2-392.16. 41 (McAuliffe). 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. Interested persons are invited to contact the Secretarys office by email (pardons@governor.virginia.gov) or by phone (804-692-2542.) 53.1-135. The location where you are confined/incarcerated. Additionally, an adjudication of delinquency for any crime that would be a felony if committed by an adult results in the loss of firearm rights until the age of 29. 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. Charges may be dismissed but no authority exists to expunge or seal the record. [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). Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric See general rules at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/. Va. Code Ann. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. 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. [7] Of course, this is not the only extraordinary circumstance that would qualify you for a conditional pardon. 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. 19.2-392.2(I). Governor McAuliffe granted 189 simple pardons over four years, a majority to individuals convicted of misdemeanors, most grants citing the recipients commendable adjustment since conviction and upon the recommendation of the Parole Board. McAuliffe also issued 10 partial pardons to reduce a non-citizens sentence to avoid immigration consequences, either deportability (less than 365 days) or inadmissibility. 53.1-134. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. [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. Have witnesses who can prove your innocence write letters explaining their version of the events. Court-appointed legal assistance: Individuals who cannot afford an attorney for help with the petition-based sealing process can request one. 19.2-392.8(b). Va. Code Ann. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. 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. 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. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. 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. For each conviction (misdemeanor or felony) you have ever received: The date you will be eligible for parole. 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. V, 12. Non-convictions that do not qualify for automatic sealing can still go through the petition-based process. WebTYPE OF PARDON REQUESTED . Third, the companies must include the date they collected an individual record when they disseminate it. . 53.1-231.2, described below. 53.1-136(5). 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. 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, No more than two members are full-time. See the section below on marijuana offenses. You can also do an online request on its website at http://www.vsp.state.va.us/. 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). A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. [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]. See, e.g., Report dated February 9, 2021. (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.. 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. The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. An absolute pardon goes even further than the two above. 16.1-307. Ralph Northam granted Tillman an absolute pardon Jan. 13. [9] In 2009, 64 pardons were granted. 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. 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. Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. 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. See 2021 Virginia Laws Ch. 53.1-136(5), 53.1-231. Va. Code Ann. 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. If immigration is not an issue for you, this benefit is obviously irrelevant. 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. . An explanation as to why the Governor should grant you a pardon. http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html. v. Dotson, supra. 804-692-2542. 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.. 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. 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