Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. Office of the Secretary of the Commonwealth 804-786-2441. Tell the Governor how your conviction has negatively affected you and/or your family. He also granted four conditional pardons to enable the recipients to avoid deportation,and a number of medical pardons (commutations). [13] Nevertheless, a pardon isnt necessarily the only way to get your gun rights restored. The letters should also indicate the writers contact information for verification purposes. Applicants are not required to disclose expunged records in response to any employment-related inquiry. 2021 record clearing laws in general. However, no expungement because of the requirement that the court find facts justifying guilty finding. art. ContactIII. Stricter eligibility standards apply to the statutory restoration procedure through the court. 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. Fortunately, states tend and honor each others pardons. If any felonies were involved, the applicant must 53.1-136(5). 19.2-392.12(L). An explanation of the clemency system can be found at. Because the focus of this site is on pardons, we do not discuss reprieves, commutations, parole, remission of fines and forfeitures, or other types of clemency that may be available in Virginia here. . 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.); 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. 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. Va. Const. Taken into custody at age 18, Bobbie Morman Jr. served more than 22 years of a 48-year prison sentence for an Aug. 4, 1993, drive-by shooting in Norfolk, Virginia, in which no one was It is an official statement of forgiveness from the Governor, and while it does not expunge the record, it can be a 550, cl. 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. Governor of Virginia 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. 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, 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. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. 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. Webpardon. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. Restoration of rights is the first step in the pardon application process for felony offenders. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. 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. There will not be a hearing, meeting, or conference on your application. Pardon policy & practiceA. 53.1-134. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. [5] In order to qualify for an absolute pardon, you Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. 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]. An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. 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. You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. 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. 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. 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. 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. 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. Mary Wood Eric Weakley, a member of the so-called Culpeper Three and a client of the Innocence Project at the University of Virginia School of Law, has received Loss & restoration of civil/firearms rightsA. Cf. Notice of restoration procedure by corrections director. 54.1-204(B). [7] Having a terminal illness with a life expectancy of three months or less would qualify you for a conditional pardon. 18.2-308.2(A). Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. 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). A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. 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. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. 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. 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). Finally, keep in mind that the effects of a pardon can vary from one state to the next. The website of the Secretary of the Commonwealth explains that. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. (See https://www.cannabis.virginia.gov/.) Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric 19.2-392.3. 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. Clean Slate law: Sealing of convictions and non-convictionsIV. Secretary of the Commonwealth, Simple Pardons. Non-convictions that do not qualify for automatic sealing can still go through the petition-based process. 19.2-392.2(J), or those which were the subject of an absolute pardon (for innocence), see 19.2-392.2 (I). Va. Stat. V, 12. We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. Until 2021, Virginia law made no provision for expunging or sealing adult conviction records, except those that have been vacated pursuant to a writ of actual innocence. You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the 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.). 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. The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. An ex parte order may permit a review of the record, but may not permit a copy to be made of it. Id. 53.1-231.2, described below. The Commonwealth shall be made a party to any action under this section. 53.1-136(5), 53.1-231. Va. Code Ann. . The Parole Board consists of five members appointed by the gov If regaining your gun rights is important to you, make sure you make you desire known during the application process. Pursuant to 19.2-392.2 C, the petition with a copy of the See Effect section below. Marijuana offenses D. Vacatur for victims of human traffickingE. WebBobbie Morman Jr. was granted an absolute pardon by Gov. Expungement of police and court records by petition is authorized under Va. Code Ann. WebTYPE OF PARDON REQUESTED . Ralph North extended an absolute pardon to Rev. See Comm. These letters should indicate to what extent the writer knows you and why he or she thinks you should be granted a pardon. [5] It is primarily used by an inmate who wants to be released from prison early (in this sense, it is similar to parole). 550, cl. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. 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. [5] An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. 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] A detailed statement of the facts/circumstances of the offense. 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. Court debt no barrier: Notably, court debt will not be a barrier to record clearance under the legislation (a provision requiring payment was omitted in the final bill) and court clerks will continue to have access to records for the purpose of collecting court debt owed by individuals after their record has been sealed. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement. 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. v. Dotson, 661 S.E.2d 473, 476 (Va. 2008) (where court required to find evidence of guilt under 18.2-251, charges not otherwise dismissed within the meaning of expungement statute). The governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. FirearmsII. If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. 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. 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. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. See Comm. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. Remember that you must show you have been a good citizen in order to get a simple pardon. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. However, a board shall have the authority to refuse a license . 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. Web3. Ban-the-Box in public hiringB. Taken into 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. You should also list any positive things that you have done while in prison. art. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. The investigation process may take two years or longer. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. See Va. Code Ann. Keep a copy of everything you send for your records. He also granted four conditional pardons to enable the recipients to avoid deportation. [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]. WebA partial pardon is a form of a conditional pardon and can be granted to individuals who are experiencing immigration issues. Naturally, the older and less serious your conviction, and the more compelling your life story, the higher your chance of getting a pardon. 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. Non-conviction recordsF. The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. Also, you must have exhausted all judicial appeals and other post-conviction remedies that were available to you before you can apply for an absolute pardon. 19.2-392.16. Va. Code Ann. [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]. 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. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or an absolute pardon. WebBobbie Morman Jr. was granted an absolute pardon by Gov. Criminal record in employment & licensingA. The three types of pardons are absolute, conditional, and simple. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. A simple pardon is useful in signifying rehabilitation, but Virginia authorities advise that it is not clear what if any legal effect such a pardon may have under state law. 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. An absolute pardon is generally granted only for innocence. For each conviction (misdemeanor or felony) you have ever received, list: The sentence you received, or otherwise the outcome of the case. 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. With one exception, these provisions are also scheduled to go into effect by 2025. [10] Your chance of getting a pardon largely depends on your individual circumstances. See discussion below of the restrictions on access imposed by the 2021 law. See Va. Code Ann. There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. 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. These are all listed in his end-of-year reports to the legislature. art. Va. Code Ann. An absolute pardon is the most difficult type of pardon to get. [6] The Parole Boards investigation can take up to a year to complete. 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. 19.2-393.13(C)(xi). . Third, the companies must include the date they collected an individual record when they disseminate it. Expungement, sealing & other record reliefA. 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. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. 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. 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. Ralph Northam granted Tillman an absolute pardon Jan. 13. 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. [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. In your statement, do not simply say that you want a clean criminal record. Secretary of the Commonwealth, Absolute Pardons and Writ of Actual Innocence. 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. State Capitol, 3rd Floor This page was last modified on July 31, 2015, at 21:46. For example, if you receive a pardon in Virginia and then move to another state, that other state might take away your gun rights or require you to register as a sex offender again even if the pardon listed these restrictions on you while you were living in Virginia. Ann. For each conviction (misdemeanor or felony) you have ever received: The date you will be eligible for parole. 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). The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. 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. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. Provides for sealing nearly all midemeanors (ex. (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.. 18.2-254.1, -254.2, -254.3. 53.1-135. No more than two members are full-time. Notably, court debt will not be a barrier to record clearance under the legislation. Ralph Northam on Wednesday. [9] In 2009, 64 pardons were granted. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. A conditional pardon, in this respect, is much like parole. Va. Code Ann. Comm. 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.. You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. 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].. Assure the Governor that you will not revert to criminal activity after you are released, but instead will be a productive member of society. 19.2-392.4. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. 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. Self-explanatory forms are there for you to access and fill out. Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by Gov. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. 16.1-306(A). If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. 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. 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. . 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). reid@governor.virginia.gov, Jennifer Crown An explanation as to why the Governor should grant you a pardon. WebPardon practice is unique it is less a legal remedy and more a small political campaign. 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. Civil rightsB. Va. Code Ann. If the Governor denies your application, you can reapply two years later after the denial.[8]. [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. Juvenile recordsG. 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.) v. Dotson, supra. Expungement of police and court records by petition is authorized under Va. Code Ann. Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. Federal and out-of-state offenders are not eligible to apply for pardon. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. Submit any proof you may have (such as denial letters) to support your claims. Restores right to vote, sit on jury, hold public office, and serve as a notary public. The court, in a 4-to-3 decision, disputed the governors assertion that his clemency power was absolute under the states Constitution. [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. . Gallagher v. Commonwealth, 284 Va. 444, 451, 732 S.E.2d 22 (Va. 2012).6. 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 . He also granted four conditional pardons to enable the recipients to avoid deportation ), Va. Code Ann is as... And out-of-state offenders are not related to you, in this respect, is much like.! 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