Restoration of rights is the first step in the pardon application process for felony offenders. Circuit Court . The Innocence Project gives law students hands-on 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. 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. The FBIs website also has a list of local FBI offices you can call. 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. 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. State Capitol, 3rd Floor For localities, the prohibition also does not apply to positions for employment by the local school board. [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. [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]. [5] In order to qualify for an absolute pardon, you CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. 53.1-231.2, described below. Make sure you keep a copy of everything you send for your records. Ralph Northam granted an absolute pardon to a client of the Innocence Project at the University of Virginia School of Law on Wednesday. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. 286, 476 S.E.2d 512 (Va. Ct. App. Va. Code. Office of the Secretary of the Commonwealth 804-786-2441. An absolute pardon is generally granted only for innocence. Educational accomplishments including the names of schools you attended, years attended, and any degrees or certifications you have received. 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. If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. Criminal record in employment & licensing, http://leg2.state.va.us/DLS/h&sdocs.nsf/Search+All+Published/?SearchView&SearchOrder=4&query=clemency, https://commonwealth.virginia.gov/judicial-system, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons, https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf, https://rga.lis.virginia.gov/Published/2021/SD2/PDF, http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf, https://www.washingtonpost.com/local/va-politics/cuccinelli-set-to-announce-findings-on-restoring-voting-rights-of-virginia-felons/2013/05/27/9f6819e0-c6e4-11e2-9245-773c0123c027_story.html, http://www.eji.org/files/howell-v-mcauliffe-virginia-supreme-court-decision-07-22-16.pdf, http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html, https://governor.virginia.gov/newsroom/newsarticle?articleId=3880, http://www.timesdispatch.com/news/state-regional/mcauliffe-to-speed-rights-restoration/article_661befcf-b8c9-5ca3-ba60-05b75812c9a3.html, http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22010/$file/SD2.pdf, http://leg2.state.va.us/DLS/h&sdocs.nsf/a762cd2685f84d7a85256f030053196e/0407b390e94aad9e852579bf005c4445?OpenDocument&Highlight=0,clemency. 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. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. . Persons convicted in other jurisdictions while residing in Virginia (including federal offenders), or who moved to Virginia before their rights were restored in the jurisdiction of conviction, may apply to the Governor for restoration under his constitutional pardon power. 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. 9.1-910 (Removal of name and information from Registry). Provide any other relevant information that you wish to be considered in your application. (See https://www.cannabis.virginia.gov/.) Stricter eligibility standards apply to the statutory restoration procedure through the court. If you would like to apply for a conditional pardon, and you are an inmate at a prison facility, you, your family member, or your attorney must provide the following information in a letter addressed to the Governor[7]: Refer to the previous section on Simple Pardons to find out how to obtain your criminal records and suggestions on what to include in your letter to the Governor. Any other names and/or aliases you have used. [8] The Governor will simply have the Parole Board review your application, conduct an investigation, and then make a recommendation to him or her. 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. 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/. . Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by Gov. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. 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. Expungement, sealing & other record relief, A. 19.2-392.2(I). For each conviction (misdemeanor or felony) you have ever received, list: The sentence you received, or otherwise the outcome of the case. The prosecutor will supply both types of information instead. Some states have stricter gun laws than federal law. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. Ralph Northam on Wednesday. 19.2-303.2. Fortunately, states tend and honor each others pardons. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. 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. [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. . 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. . Office of the Secretary of the Commonwealth You can also do an online request on its website at http://www.vsp.state.va.us/. [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. The Sentencing Project, Virginia, Margaret Colgate Love, See, e.g., Wilborn v. Saunders, 195 S.E. However, A Restoration of Rights certificate does not necessarily restore your gun rights. 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. Va. Code Ann. Va. Code Ann. Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. 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. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. Va. Code Ann. Federal and out-of-state offenders are not eligible to apply for pardon. Finally, pardons are granted very sparingly in Virginia. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. Richmond, VA 23219. 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. Effective July 1, 2019, an absolute pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. 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. 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.. 53.1-134. 19.2-392.16. Keep a copy of everything you send for your records. Finally, keep in mind that the effects of a pardon can vary from one state to the next. AdministrationC. 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. 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). 18.2-251. [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. [7] Having a terminal illness with a life expectancy of three months or less would qualify you for a conditional pardon. This page was last modified on July 31, 2015, at 21:46. Marijuana offenses D. Vacatur for victims of human traffickingE. WebA partial pardon is a form of a conditional pardon and can be granted to individuals who are experiencing immigration issues. Your report should list all convictions you have ever received in Virginia. Any previous names and/or aliases you have used. These records will be automatically sealed in the Virginia State Police systems on July 1, 2021. 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. 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). ContactIII. 19.2-392.3, 19.2-392.4(A)(B). 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.). 19.2392.2:2. Your chance of getting a pardon can also depend on who is serving as Governor at the time your application is reviewed; some Governors are simply more lenient than others in handing out pardons. 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.) Expungement, sealing & other record reliefA. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. See Va. Code. The prohibition does not apply to applications for law enforcement employment, or to state agencies that are expressly permitted to inquire into an individuals criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. An absolute pardon is often a Governor of Virginia [5] An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Cf. Pardon Specialist This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. An explanation as to why the Governor should grant you a pardon. Sex offender registryH. art. He had been 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. An explanation of the clemency system can be found at. 19.2-392.4. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. The Honorable [name of current Governor] Secretary of the Commonwealth, Absolute Pardons and Writ of Actual Innocence. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. He had been out on parole since 2016. See http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf.8. Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric Applicants are not required to disclose expunged records in response to any employment-related inquiry. 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. See Comm. 8.01-338 (2) (Persons convicted of treason or a felony disqualified from jury service); Va. Code Ann. Also, in most cases, federal immigration authorities cannot rely solely on a conviction that has been subject to a pardon for the purpose of deporting you from the country. v. Dotson, supra, would appear to preclude expungement. You should also list any positive things that you have done while in prison. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. 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 immigration is not an issue for you, this benefit is obviously irrelevant. SB5033. Juvenile recordsG. 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. 19.2-392.3, 19.2-392.4(A)(B). Va. Code Ann. 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). 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. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. Loss & restoration of civil/firearms rights, IV. The Parole Board consists of five members appointed by the governor to open-ended terms. . See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. See Part I-A,supra. 1101(a)(48)(A)(i) to make him deportable. 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. See Va. Code Ann. 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]. Id. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. 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. Va. Code Ann. Ralph North extended an absolute pardon to Rev. 2021 record clearing laws in generalB. 2022 modifications of the licensing law: In 2022, two identical laws were enacted that, if reenacted in 2023, will 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.in 2023, will expand on the language in 54.1-204(A) that relates to a finding of direct relationship both substantively and procedurally. 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 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 v. Dotson, supra. 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. 16.1-306(A). Frequency of grantsG. 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/. In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. Misdemeanor non-convictions (excluding traffic infractions) unless the Commonwealths attorney objects on one of five specific grounds. Introduces a system of court-appointed counsel for individuals who cannot afford an attorney for the petition-based sealing process. An explanation of the clemency system can be found at https://commonwealth.virginia.gov/judicial-system. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. 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. 9 (S.B. 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. 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. 16.1-306(A). There is no reliable method of predicting how long a pardon petition will take to complete. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. Va. Code Ann. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. Va. Code Ann. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. WebTYPE OF PARDON REQUESTED . 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. [6] The Parole Boards investigation can take up to a year to complete. Charges may be dismissed but no authority exists to expunge or seal the record. 19.2-393.13(C)(xi). The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. 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. [2] The Parole Board is made up of five members who are appointed by the Governor and confirmed by the General Assembly. Ann. Law enforcement access is also prohibited except that a court may order access upon petition filed by the attorney for the Commonwealth alleging that the record is needed by a law-enforcement agency for purposes of employment application as an employee of a law-enforcement agency or for a pending criminal investigation and that the investigation will be jeopardized or that life or property will be endangered without immediate access to the record. 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. Your entire application/petition, along with all supporting documents and letters of recommendation, should be mailed to: The Honorable [current Governors name] 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. Ralph Northam granted Tillman an absolute pardon Jan. 13. 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.. 16.1-307. 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