Va. Code Ann. 53.1-136; Va. Stat. . An absolute pardon is often a 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. Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. 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. 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). 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. It does not restore firearms rights. [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. Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. If regaining your gun rights is important to you, make sure you make you desire known during the application process. Automatic and petition-based expungement of marijuana records: SB1406 further provides that by July 1, 2025, all records of arrests, charges, and convictions for simple marijuana possession, including court records, will be automatically expunged, 19.2392.2:1, and that misdemeanor sale of marijuana paraphernalia will be eligible for a petition-based expungement process. 19.2-392.12(L). 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 Effective July 1, 2019, a petition need no longer be filed where a pardon was granted for innocence, and such a pardon remains grounds for automatic expungement. Additional provisions of SB1406 proposing to repeal a statute providing penalties for distribution and possession with intent to distribute marijuana, and authorizing 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. For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. 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. Restores right to vote, sit on jury, hold public office, and serve as a notary public. 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. . 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. He also granted four conditional pardons to enable the recipients to avoid deportation,and a number of medical pardons (commutations). AdministrationC. Comm. 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. If you have convictions in other states, you may need to obtain a more comprehensive, nationwide criminal report from the Federal Bureau of Investigation. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. 18.2-254.1, -254.2, -254.3. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. 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.). 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 . See Comm. 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. 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. 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. WebA conditional pardon is an act to modify or end a sentence imposed by the court. WebUpon receipt of a duly attested copy of an absolute pardon issued by the Governor of Virginia or other competent authority as to any conviction reported to the Sex Offender and Crimes against Minors Registry, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors 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. 1406). In addition, it is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Persons required to register, other than a person who has been convicted of any sexually violent offense, two or more offenses for which registration is required, or murder, may petition the circuit court in which he was convicted or the circuit court in the jurisdiction where he then resides for removal of his name and all identifying information from the Registry. Minimum waiting period is 15 years, and for some offenses it is 25 years. The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. 550, cl. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. However you feel about the crime, you have already been found guilty. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. 53.1-136(5). 53.1-231.2, described below. 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.. [9] Receiving a Restoration of Rights would definitely restore your rights to vote, to hold public office, to serve on a jury, and to serve as a notary public.[9]. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. Va. Code Ann. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. Gov. 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/. [13] Nevertheless, a pardon isnt necessarily the only way to get your gun rights restored. Submit any proof you may have (such as denial letters) to support your claims. An ex parte order may permit a review of the record, but may not permit a copy to be made of it. Id. [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. The Governor is vested with the power to (1) grant reprieves; (2) grant pardons; and (3) commute capital punishment. A pardon may be full or partial, absolute or conditional.. An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. See Comm. You can find out more about Restoration of Rights from the Secretary of the Commonwealths website: http://commonwealth.virginia.gov/judicial-system/restoration-of-rights/. 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. 16.1-307. 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. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. No more than two members are full-time. An alternative process allows for petition to the local circuit court or court of conviction to restore the right to vote (unavailable for those convicted of violent felonies, drug-trafficking, or election fraud; five year waiting period). 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. Va. Code Ann. 19.2-392.4. Charges may be dismissed but no authority exists to expunge or seal the record. art. 19.2-392.16. V, 12. Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. 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.. With one exception, these provisions are also scheduled to go into effect by 2025. Effective July 1, 2019, an absolute pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. Id. Id. Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric Office of the Secretary of the Commonwealth 19.2-392.2(J), or those which were the subject of an absolute pardon (for innocence), see 19.2-392.2 (I). Loss & restoration of civil/firearms rights, IV. 1101(a)(48)(A)(i) to make him deportable. You can also do an online request on its website at http://www.vsp.state.va.us/. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. 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. 19.2-392.3. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. With one exception, all sealing authorities take effect July 1, 2025. Ralph Northam on Wednesday. Office of the Governor Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. 53.1-231.2, described below. [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. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. 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. 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. 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. Va. Const. 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. 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. 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). See Va. Code Ann. See Va. Code Ann. (804) 692-0104 You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. 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. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. [8] The Governor will simply have the Parole Board review your application, conduct an investigation, and then make a recommendation to him or her. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. [5] In order to qualify for an absolute pardon, you Va. Code. 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.). 18.2-251. 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. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. Court records are automatically destroyed annually if the juvenile is at least age 19 and five years have elapsed since the last hearing in any juvenile case. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. If the Governor denies your application, you can reapply two years later after the denial.[8]. In order to be considered for immigration The location where you are confined/incarcerated. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. Have witnesses who can prove your innocence write letters explaining their version of the events. Stricter eligibility standards apply to the statutory restoration procedure through the court. 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. These are all listed in his end-of-year reports to the legislature. 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. 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. Office of the Secretary of the Commonwealth 804-786-2441. This applies also to persons convicted of federal offenses in another state. They would also require boards to develop and publish on their website guidance documents that inform prospective applicants of the types of criminal offenses that may impede licensure, including specific convictions and application of the factors provided [to determine direct relationship].. 19.2392.2:2. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. Expungement, sealing & other record reliefA. There are no application fees to apply for a pardon in Virginia. Juvenile recordsG. In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. Explain what your future plans are and how a pardon would help you. 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. Ann. [10] Your chance of getting a pardon largely depends on your individual circumstances. 18.2-308.2(A). Loss & restoration of civil/firearms rightsA. [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] In 2009, 64 pardons were granted. Keep a copy of everything you send for your records. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. FirearmsII. 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. Any previous names and/or aliases you have used. 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. 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. The date which you will be mandatorily released. For each conviction (misdemeanor or felony) you have ever received, list: The sentence you received, or otherwise the outcome of the case. This authority is available even if the accused had a previous conviction, deferred disposition, or juvenile adjudication, unless a deferred disposition would be inconsistent with the interests of justice. Id. v. Dotson, supra. WebA partial pardon is a form of a conditional pardon and can be granted to individuals who are experiencing immigration issues. 53.1-135. 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. 41 (McAuliffe). His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. . https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. Richmond, Virginia 23218-2454 The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. The prosecutor will supply both types of information instead. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. [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). . 53.1-135. In other words, you must have maintained your innocence throughout the proceedings. 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. 1101(a)(48)(A)(i) to make him deportable since there was no concession or finding of guilt). 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. However, A Restoration of Rights certificate does not necessarily restore your gun rights. 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. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. Your entire application should be sent to: Like the process for a simple pardon, there will not be any hearings, meetings, or conferences held on your application. 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. Expungement, sealing & other record relief, A. 54.1-204(B). (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.. Interested persons are invited to contact the Secretarys office by email (pardons@governor.virginia.gov) or by phone (804-692-2542.) See the section below on marijuana offenses. Conditional pardons are rare as the Governor does not typically substitute their judgment Your chance of getting a pardon can also depend on who is serving as Governor at the time your application is reviewed; some Governors are simply more lenient than others in handing out pardons. 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. 24.2-231 (disqualifying persons convicted of felonies from holding office). The new laws would prohibit refusal of a license based on a conviction until the board. Ann. D. Vacatur for victims of human trafficking. No more than two members are full-time. 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