To petition for a simple pardon the applicant must be free of all conditions set by the court for a period of ten years. See HB 972. See HB711. v. Dotson, supra. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. Ralph North extended an absolute pardon to Rev. See http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf.8. 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. Ralph Northam in a months time. See 2021 Virginia Laws Ch. Restores right to vote, sit on jury, hold public office, and serve as a notary public. It does not restore firearms rights. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. Fortunately, states tend and honor each others pardons. Taken 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). [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. A simple pardon is the most common form of pardon in Virginia. 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. WebBobbie Morman Jr. was granted an absolute pardon by Gov. 19.2-392.16. With one exception, all sealing authorities take effect July 1, 2025. 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.. Va. Code Ann. Ralph Northam granted an absolute pardon to a client of the Innocence Project at the University of Virginia School of Law on Wednesday. Tell the Governor how your conviction has negatively affected you and/or your family. . See Howell v. McAuliffe(Va. 2016). However, an exception to the rule exists if you receive an absolute pardon. [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]. Pursuant to 19.2-392.2 C, the petition with a copy of the 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. 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. The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. v. Dotson, supra. 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. Restoration of Rights is basically another type of clemency that is offered in Virginia. Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric 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. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. 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. 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. 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.) 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. Allows for sealing of felony acquittals and dismissals at disposition with the consent of the prosecuting attorney. You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. Charges may be dismissed but no authority exists to expunge or seal the record. Va. Code Ann. . 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. For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. 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. 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 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. Criminal record in employment & licensingA. 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. See 19.2-327.15 et seq. 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. 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]. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. 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. 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]. 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.. Federal and out-of-state offenders are not eligible to apply for pardon. 1101(a)(48)(A)(i) to make him deportable. See Va. Code Ann. State Capitol, 3rd Floor 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). See Comm. Stricter eligibility standards apply to the statutory restoration procedure through the court. This page was last modified on July 31, 2015, at 21:46. [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. v. Dotson, supra. These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. 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/. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. Applicants are not required to disclose expunged records in response to any employment-related inquiry. Have witnesses who can prove your innocence write letters explaining their version of the events. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. This fast track pardon/restoration scheme purports to impose on the Governors office a 90-day time limit to decide court-approved applications. Va. Code. Office of the Governor Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. 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. 41 (McAuliffe). WebBobbie Morman Jr. was granted an absolute pardon by Gov. Taken into However, a board shall have the authority to refuse a license . The Parole Board consists of five members appointed by the gov Deferred disposition for persons with autism and intellectual disabilities: A new law enacted in 2020 and effective March 1, 2021, allows the court to grant a deferred disposition upon a plea of guilty or not guilty, if the defendant has been diagnosed by a psychiatrist or clinical psychologist with (i) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (ii) an intellectual disability as defined in 37.2-100 and the court finds by clear and convincing evidence that the criminal conduct was caused by or had a direct and substantial relationship to the persons disorder or disability. The court must find facts that would justify a guilty finding and give due consideration to the position of the Commonwealth and views of the victim. 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. 19.2-392.2(J), or those which were the subject of an absolute pardon (for innocence), see 19.2-392.2 (I). Conditional pardons are rare as the Governor does not typically substitute their judgment Naturally, the older and less serious your conviction, and the more compelling your life story, the higher your chance of getting a pardon. [13] Nevertheless, a pardon isnt necessarily the only way to get your gun rights restored. Any other names and/or aliases you have used. 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.). 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. Applicants are not required to disclose expunged records in response to any employment-related inquiry. There are no application fees to apply for a pardon in Virginia. 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. 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. 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. Keep a copy of everything you send for your records. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. [10] Your chance of getting a pardon largely depends on your individual circumstances. 19.2-303.6. Clean Slate law: Sealing of convictions and non-convictionsIV. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. See Comm. Third, the companies must include the date they collected an individual record when they disseminate it. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. We respectfully disagree, the majority justices wrote. 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. . We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. 9.1-910 (Removal of name and information from Registry). See 2021 Virginia Laws Ch. 53.1-134. 53.1-231.2, described below. 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. 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. [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. 54.1-204(B). 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. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, 18.2-250.1. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. In addition, it is the only type of pardon that would allow you to have your conviction expunged from your criminal record. ContentsI. 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. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . 284 Va. at 451. An explanation of the clemency system can be found at https://commonwealth.virginia.gov/judicial-system. 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 Part II, infra. Id. The date which you will be mandatorily released. Stricter eligibility standards apply to the statutory restoration procedure through the court. Expungement of police and court records by petition is authorized under Va. Code Ann. 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. [3] The members serve at the pleasure of the Governor.[3]. 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. Va. Const. Effective July 1, 2019, an absolute pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. 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].. Ann. Webpardon. 550, cl. Circuit Court . 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. 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. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. 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 The Parole Board consists of five members appointed by the governor to open-ended terms. Pardon policy & practiceA. 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. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. Va. Code Ann. Va. Stat. (See https://www.cannabis.virginia.gov/.) 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. 54.1-204 (Prior convictions not to abridge rights). Enter your information and get a neat and clean looking form sent to you. As a result of the expedited restoration procedure described above that was begun during the tenure of Governor McDonnell (2010-2014), thousands of individuals have had their civil rights restored by executive order. If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. 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. 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. 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). Va. Code. WebPardon practice is unique it is less a legal remedy and more a small political campaign. . Id. Also, although not required, we suggest that you submit a few letters of recommendation from credible people (such as your boss) who know you well and can say good things about you. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. In 2022 19.2-327.19 was amended to provide that a petitioner seeking a writ of vacatur based on status as a victim of sex trafficking shall not be required to pay any fees or costs for filing such petition if the petitioner is found to be unable to pay them. His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. [5] In order to qualify for an absolute pardon, you 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. 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). 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. Make sure you keep a copy of everything you send for your records. 19.2-392.2(I). 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, 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 conditional pardon, in this respect, is much like parole. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. 1406). [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. A detailed statement of the facts/circumstances of the offense. An absolute pardon is often a If your reason for applying is to avoid deportation (yes, you can be placed in deportation proceedings even while you are being incarcerated), explain to the Governor how being separated from your family would be devastating for both you and them. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. An explanation of the clemency system can be found at. Va. Code Ann. Provides for sealing nearly all midemeanors (ex. 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. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. The Commonwealth shall be made a party to any action under this section. Governor of Virginia 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. The prosecutor will supply both types of information instead. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. Remember to find out who the current Governor is at the time you apply, so that you address the Governor by his or her correct name. The Sentencing Project, Virginia, Margaret Colgate Love, See, e.g., Wilborn v. Saunders, 195 S.E. [6] The Parole Boards investigation can take up to a year to complete. 9 (S.B. CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of The Governor can only grant a pardon for a Virginia conviction. 18.2-251. . You should provide other relevant information that you wish the Governor to consider. Restoration of rights is the first step in the pardon application process for felony offenders. Va. Code Ann. An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. 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. Notice of restoration procedure by corrections director. Secretary of the Commonwealth, Absolute Pardons and Writ of Actual Innocence. In order to be considered for immigration These records will be automatically sealed in the Virginia State Police systems on July 1, 2021. 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. 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