[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). . . Id. In 2014, Virginia enacted new restrictions on concealed carry permits for those convicted of two or more misdemeanors (5 years), marijuana possession and public drunkenness (3 years), stalking (permanent with no relief), and juvenile offenses that would be a felony (16 years). 1101(a)(48)(A)(i) to make him deportable. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. Ann. These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. Va. Const. 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. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. If you have convictions in other states, you may need to obtain a more comprehensive, nationwide criminal report from the Federal Bureau of Investigation. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. 19.2-392.4. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the Applicants are not required to disclose expunged records in response to any employment-related inquiry. 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 Secretary of the Commonwealth is the office that receives all pardon applications. 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. Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. There are no application fees to apply for a pardon in Virginia. 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. In addition, it is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric If immigration is not an issue for you, this benefit is obviously irrelevant. Clean Slate law: Sealing of convictions and non-convictionsIV. V, 12. [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. A detailed statement of the facts/circumstances of the offense. 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. 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.. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. 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. 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. However, an exception to the rule exists if you receive an absolute pardon. 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. Expungement, sealing & other record reliefA. [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]. 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 [7] Of course, this is not the only extraordinary circumstance that would qualify you for a conditional pardon. No more than two members are full-time. Circuit Court . IMPLES ONDITIONALC Non-conviction recordsF. Id. Secretary of the Commonwealth, Simple Pardons. Finally, pardons are granted very sparingly in Virginia. The Innocence Project gives law students hands-on . A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. Civil rightsB. (See https://www.cannabis.virginia.gov/.). 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. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. 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 Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. Record Clearing .org - post conviction information, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/clemency.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/pardons.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/simplePardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/conditionalPardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/absolutePardon.cfm, http://www.sentencingproject.org/doc/File/Collateral%20Consequences/Virginia.pdf, http://www.timesdispatch.com/news/article_006dacdd-5f85-5e7e-8a87-abdbb83eac03.html, https://www.pardon411.com/w/index.php?title=Virginia_Pardon_Information&oldid=788. 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/. Remember that you must show you have been a good citizen in order to get a simple pardon. 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. Candice Reid, Restoration of Rights Director Finally, keep in mind that the effects of a pardon can vary from one state to the next. 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. 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. 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. Va. Code Ann. 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. 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. 53.1-136(5), 53.1-231. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. Occupational licensing. You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. 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. Stricter eligibility standards apply to the statutory restoration procedure through the court. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. That said, a board may review records in which a sentence was suspended, and pleas of nolo contendere. art. There will not be a hearing, meeting, or conference on your application. Keep a copy of everything you send for your records. 54.1-204 (Prior convictions not to abridge rights). . If the measure fails again in 2023, the amendment process would have to start over. 18.2-308.2(A). SeeVA HB282 and SB409. 19.2-392.4. See Effect section below. See Howell v. McAuliffe(Va. 2016). See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. Post Office Box 2454 Educational accomplishments including the names of schools you attended, years attended, and any degrees or certifications you have received. 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]. A separate bill providing for marijuana legalization and expungement (SB 1406) authorized the automatic expungement of records related to certain misdemeanor marijuana offenses along with petition-based expungement of all other misdemeanor and many felony marijuana offenses. In the event of dismissal, expungement may follow if the prosecutor agrees: Upon agreement of all parties, a charge that is dismissed pursuant to this section may be considered as otherwise dismissed for purposes of expungement of police and court records in accordance with 19.2392.2, and such agreement of all parties and expungement eligibility shall be indicated in the final disposition order. If regaining your gun rights is important to you, make sure you make you desire known during the application process. ProcessF. 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 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.). A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. EligibilityD. Notably, court debt will not be a barrier to record clearance under the legislation. Va. Const. [10] Your chance of getting a pardon largely depends on your individual circumstances. 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). These grants are all listed in the annual reports of the governor to the legislature cited above. 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. 286, 476 S.E.2d 512 (Va. Ct. App. Allows for sealing of felony acquittals and dismissals at disposition with the consent of the prosecuting attorney. See 16.1-278.8. In Virginia, the governor may grant simple pardons for forgiveness of crimes, an absolute pardon for innocence, or a conditional pardon to commute a prison sentence. Va. Stat. Make sure you keep a copy of everything you send for your records. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. See Va. Code. 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/. 19.2-298.02(D). Va. Code Ann. See Comm. You must have been innocent of the crime of which you were unjustly convicted. Your simple pardon application will first be sent to the Parole Board for review, and, if the Parole Board finds that your application has merit, it will conduct a thorough investigation. There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. Va. Code Ann. 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. Stricter eligibility standards apply to the statutory restoration procedure through the court. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. The bill establishes a Sealing Fee Fund, which will collect filing fees from individuals who can afford them and use that money to pay court-appointed attorneys. 9 (S.B. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. 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. 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 This is a change from the existing expungement law, which was. The Honorable [name of current Governor] Restoration of rights is the first step in the pardon application process for felony offenders. He also granted four conditional pardons to enable the recipients to avoid deportation,and a number of medical pardons (commutations). See Part I-A,supra. 16.1-306(A). 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). 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. 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. Webpardon. Governor of Virginia Regardless of which pardon you apply for, however, there are no formal, standardized application forms. 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. Taken 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. 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. Beginning in 2013, and escalating with a series of executive orders in 2016, successive governors of Virginia have loosened restrictions on the right to vote. Misdemeanor non-convictions (excluding traffic infractions) unless the Commonwealths attorney objects on one of five specific grounds. WebAn absolute pardon may be granted when the Governor is convinced that the petitioner is innocent of the charge for which he or she was convicted. You essentially must have pled not Ann. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . 53.1-136(5). WebWe subsequently submitted a request for an absolute pardon for Mr. Knight, and on January 14, 2022, Governor Northam granted a conditional pardon to Mr. Knight. See discussion below of the restrictions on access imposed by the 2021 law. 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.) A conditional pardon, in this respect, is much like parole. Va. Code Ann. Office of the Secretary of the Commonwealth The FBIs website also has a list of local FBI offices you can call. Because the court must find facts justifying a finding of guilt, the ruling of Comm. It is an official statement of forgiveness from the Governor, and while it does not expunge the record, it can be a 53.1-136(5), 53.1-231. Interested persons are invited to contact the Secretarys office by email (pardons@governor.virginia.gov) or by phone (804-692-2542.) Marijuana offenses D. Vacatur for victims of human traffickingE. 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. 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. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. [6] For a felony conviction, you must have applied for and been granted a Restoration of Rights before applying for a simple pardon. Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. It does not restore firearms rights. [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. You should provide other relevant information that you wish the Governor to consider. Naturally, the older and less serious your conviction, and the more compelling your life story, the higher your chance of getting a pardon. You can also do an online request on its website at http://www.vsp.state.va.us/. 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. v. Dotson, supra. Web3. Sex offender registryH. . v. Dotson, supra, would appear to preclude expungement. 24.2-231 (disqualifying persons convicted of felonies from holding office). 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. v. Dotson, supra. In your statement, do not simply say that you want a clean criminal record. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. 1) Automatic sealing: Under the lawas amended, charges that qualify for automatic sealing include: See 19.2-392.6, 19.2-392.7, 19.392.8(a). 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. SB5033. 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]. [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. 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. 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. 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. 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, see Va. Code Ann. In other words, you must have maintained your innocence throughout the proceedings. 1406). Office of the Governor 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. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. However, A Restoration of Rights certificate does not necessarily restore your gun rights. 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. No more than two members are full-time. 18.2-251. Rights must be restored before a convicted felon can request a pardon from the Governor. For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. See https://www.cannabis.virginia.gov/. [6] The Parole Boards investigation can take up to a year to complete. 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. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . See http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf.8. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. 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. An explanation as to why you should be granted an absolute pardon. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. Your entire application/petition, along with all supporting documents and letters of recommendation, should be mailed to: The Honorable [current Governors name] See Part II, infra. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. 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. Have witnesses who can prove your innocence write letters explaining their version of the events. 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). . Police records for marijuana possession of one ounce or less will take effect July 1, 2021. Notice of restoration procedure by corrections director. Deferred disposition for a misdemeanor property offense: The court may grant deferred disposition for a misdemeanor property offense (with certain exceptions), 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 guiltunless the accused has been previously convicted of a felony, or previously had an offense dismissed under this section. Your report should list all convictions you have ever received in Virginia. Va. Code Ann. [13] Nevertheless, a pardon isnt necessarily the only way to get your gun rights restored. . See Va. Code Ann. Non-convictions that do not qualify for automatic sealing can still go through the petition-based process. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. ContactIII. These are all listed in his end-of-year reports to the legislature. 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