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. Expungement of police and court records by petition is authorized under Va. Code Ann. [12] You should talk to an attorney knowledgeable about record expungements to help you with this process. Cf. Va. Code Ann. 1406). Have witnesses who can prove your innocence write letters explaining their version of the events. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. Some states have stricter gun laws than federal law. See Comm. 9.1-910 (Removal of name and information from Registry). 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . 19.2-303.6. The Governor can only grant a pardon for a Virginia conviction. Office of the Secretary of the Commonwealth Because the court must find facts justifying a finding of guilt, the ruling of Comm. Self-explanatory forms are there for you to access and fill out. The FBIs website also has a list of local FBI offices you can call. With one exception, all sealing authorities take effect July 1, 2025. An explanation as to why you should be granted an absolute pardon. 19.2-392.3. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. No filing fee will be required in the case of indigency. 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. Introduces a system of court-appointed counsel for individuals who cannot afford an attorney for the petition-based sealing process. Expungement, sealing & other record reliefA. 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. [3] The members serve at the pleasure of the Governor.[3]. 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.. V, 12. The Innocence Project gives law students hands-on 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . An absolute pardon is generally granted only for innocence. 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. Webpardon. In other words, you must have maintained your innocence throughout the proceedings. 9 (S.B. 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. art. 19.2-392.8(b). You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. 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. 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. 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). [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]. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. 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. 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. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. 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. 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. The Parole Board consists of five members appointed by the gov Candice Reid, Restoration of Rights Director, Office of the Secretary of the Commonwealth, III. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. The letters should also indicate the writers contact information for verification purposes. These grants are all listed in the annual reports of the governor to the legislature cited above. 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. 19.2-298.02. Loss & restoration of civil/firearms rightsA. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. The Parole Board consists of five members appointed by the governor to open-ended terms. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. 19.2-298.02(D). These letters should indicate to what extent the writer knows you and why he or she thinks you should be granted a pardon. For localities, the prohibition also does not apply to positions for employment by the local school board. [8] In most cases you must have tried to get a Writ of Actual Innocence before you can ask for an absolute pardon from the Governor.[8]. WebA partial pardon is a form of a conditional pardon and can be granted to individuals who are experiencing immigration issues. Allows for sealing of felony acquittals and dismissals at disposition with the consent of the prosecuting attorney. 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.. 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. Va. Code Ann. Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, 18.2-250.1. . 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. 16.1-306(A). Civil rightsB. 19.2-392.4. There are no application fees to apply for a pardon in Virginia. See 16.1-278.8. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. WebABSOLUTE PARDON An absolute pardon may be granted when the Governor is convinced that the petitioner is innocent of the charge for which he or she was 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). There are no application fees to apply for a pardon in Virginia. Ralph Northam on Wednesday. 16.1-306(A). Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Occupational licensing. 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. Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. 19.2-392.3, 19.2-392.4(A)(B). CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. The new laws would prohibit refusal of a license based on a conviction until the board. 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 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. Va. Code Ann. WebAn absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. 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). An ex parte order may permit a review of the record, but may not permit a copy to be made of it. Id. Emerson Stevens is the third client of the Innocence Project at the University of Virginia School of Law to receive an absolute pardon from Virginia Gov. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. 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].. 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. Web3. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. 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. ApplyForPardon .com - Pardon form completion service. The Honorable [name of current Governor] WebBobbie Morman Jr. was granted an absolute pardon by Gov. 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. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. (For example, Vince Gilmer, Christopher Sharikas) Absolute pardon of those convicted whove completed their sentence and have a strong innocence claim. ContactIII. [O]ur constitutional history demonstrates a cautious and incremental approach to any expansions of the executive power, leading to the conclusion that the concerns motivating the original framers in 1776 still survive in Virginia. Applicants are not required to disclose expunged records in response to any employment-related inquiry. 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. 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. 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. [10] Your chance of getting a pardon largely depends on your individual circumstances. 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. A simple pardon is the most common form of pardon in Virginia. His successor, Gov. 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.. Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. [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. EligibilityD. If the executive clemency power were construed to include the restoration of firearm rights, then Code 18.2-308.2(C), insofar as it grants the circuit courts jurisdiction to restore them, would not only be redundant, but would be an unconstitutional intrusion by one branch of government on the powers of another. AdministrationC. [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. He was sentenced to 53 years in prison and ultimately served 24 years before he was released on a conditional pardon by Virginia Governor Ralph Northam in July 2020. . Post Office Box 2454 He also granted four conditional pardons to enable the recipients to avoid deportation. 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. [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]. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. An absolute pardon is the most difficult type of pardon to get. 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. [8] The Governor will simply have the Parole Board review your application, conduct an investigation, and then make a recommendation to him or her. Va. Code Ann. You must have been innocent of the crime of which you were unjustly convicted. 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/. See Comm. Public access to records of past arrests, charges, and convictions for marijuana possession in the central repository was automatically limited, 19.2-389.3, employers and educational institutions were prohibited from inquiring about them, and state and local officials may not requiring an applicant for a license, permit, registration, or governmental service to disclose information about them. See HB711. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. Va. Code Ann. Ralph Northam in a months time. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. Taken into 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 court, in a 4-to-3 decision, disputed the governors assertion that his clemency power was absolute under the states Constitution. 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 Interested persons are invited to contact the Secretarys office by email (
[email protected]) or by phone (804-692-2542.) art. There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. 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. An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal 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.). The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. Office of the Governor Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. art. Va. Code Ann. You should talk to an attorney if you think any of these alternative options may be more appropriate for you. http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html. 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. Section 12 also requires the governor to communicate to the General Assembly, at each regular session, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting, or commuting the same. The governors annual reports to the General Assembly (List of Pardons, Commutations, Reprieves, and Other Forms of Executive Clemency), including reasons for granting pardon in each case, are accessible dating back to 1974 at http://leg2.state.va.us/DLS/h&sdocs.nsf/Search+All+Published/?SearchView&SearchOrder=4&query=clemency. Office of the Secretary of the Commonwealth If a close family member of yours has a terminal illness and you wish to be with them during the life days of their life, explain this and provide proof of their illness. (804) 692-0104 . Id. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. 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. These are all listed in his end-of-year reports to the legislature. . With one exception, these provisions are also scheduled to go into effect by 2025. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. D. Vacatur for victims of human trafficking. Non-conviction recordsF. 19.2-303.2. An absolute pardon is often a 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. 2021 record clearing laws in generalB. 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. After the Parole Board has completed its investigation, it will make a recommendation to the Governor, who then has the final say on whether or not you receive a pardon. Charges may be dismissed but no authority exists to expunge or seal the record. However you feel about the crime, you have already been found guilty. If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. . Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. 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.). It is an official statement of forgiveness from the Governor, and while it does not expunge the record, it can be a If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Cf. Enter your information and get a neat and clean looking form sent to you. 9 (S.B. 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