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 detailed statement of the facts/circumstances of the offense. 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. 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. Provide any other relevant information that you wish to be considered in your application. There is no reliable method of predicting how long a pardon petition will take to complete. CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of Keep a copy of everything you send for your records. . . [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]. 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. Stricter eligibility standards apply to the statutory restoration procedure through the court. [5] It is primarily used by an inmate who wants to be released from prison early (in this sense, it is similar to parole). In 2015, Governor McAuliffe adopted a policy allowing individuals that have had their rights restored to have that restoration noted on their official criminal record if they choose. Office of the Governor 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. [5] In order to qualify for an absolute pardon, you 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. 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. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. 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 simple pardon is the most common form of pardon in Virginia. The Honorable [name of current Governor] [6] For a felony conviction, you must have applied for and been granted a Restoration of Rights before applying for a simple pardon. SB5033. SeeVA HB282 and SB409. 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. 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.. 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). Stricter eligibility standards apply to the statutory restoration procedure through the court. 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, Applicants are not required to disclose expunged records in response to any employment-related inquiry. Restores right to vote, sit on jury, hold public office, and serve as a notary public. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. Gov. . 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.. 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 . 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. 19.2-303.6. 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. 19.2-392.16. He also issued a number of conditional pardons (commutations). 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]. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. 53.1-136; Va. Stat. Va. Stat. [8], There was a new law passed in 2004 that allows a person who has been convicted to have the court itself consider a claim of innocence; if the court is convinced that the person is truly innocent, the court can issue something called a Writ of Actual Innocence (which is much like an absolute pardon). See 2021 Virginia Laws Ch. Conditional pardons are rare as the Governor does not typically substitute their judgment Taken into 1406). 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. Police records for marijuana possession of one ounce or less will take effect July 1, 2021. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. Conditional pardon (with transfer to secure mental health facility) for those serving long sentences, who suffer from serious mental illness that was an issue at the time of the crime. Va. Code. With one exception, all sealing authorities take effect July 1, 2025. See, e.g., Report dated February 9, 2021. (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.. If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the 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.). 19.2-392.3. Requirement of a hearing may be waived if government gives written notice to the court that he does not object to the petition and, when the charge to be expunged is a felony, stipulates in such written notice that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner. Id. 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. See discussion below of the restrictions on access imposed by the 2021 law. Ann. 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 new laws would prohibit refusal of a license based on a conviction until the board. art. 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. 41 (McAuliffe). Applicants are not required to disclose expunged records in response to any employment-related inquiry. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. 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. The location where you are confined/incarcerated. See 19.2-327.15 et seq. The court shall hold a hearing to determine whether the person was a victim unless the commonweaths attorney certifies that a person was a victim in which case the court need not hold a hearing. Court may grant relief only if it finds manifest injustice to the petitioner, except where arrest was for a misdemeanor and the petitioner has no prior record: If the court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the charge. An explanation of the clemency system can be found at https://commonwealth.virginia.gov/judicial-system. It does not restore firearms rights. 19.2-393.13(C)(xi). 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. Tell the Governor how your conviction has negatively affected you and/or your family. Governor of Virginia Va. Code Ann. Pardon Specialist WebA conditional pardon is an act to modify or end a sentence imposed by the court. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. 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. 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. You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, 18.2-250.1. ProcessF. 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. . Va. Const. WebBobbie Morman Jr. was granted an absolute pardon by Gov. [7] Having a terminal illness with a life expectancy of three months or less would qualify you for a conditional pardon. . Juvenile recordsG. No filing fee will be required in the case of indigency. See Comm. Sex offender registryH. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. 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. Misdemeanor non-convictions (excluding traffic infractions) unless the Commonwealths attorney objects on one of five specific grounds. 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. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. 53.1-134. art. 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. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. If you have convictions in other states, you may need to obtain a more comprehensive, nationwide criminal report from the Federal Bureau of Investigation. 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. Third, the companies must include the date they collected an individual record when they disseminate it. Va. Code Ann. 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. The clemency power may be broad, but it is not absolute. Specifically, the pardon power must be interpreted in light of the constitutional prohibition on suspension of laws by the executive.4 Governor Terry McAuliffe responded to the courts action by undertaking to restore the vote on an individual basis, initially to the more than 200,000 individuals affected by his orders to that time, and thereafter on a regular basis through additional executive orders. 53.1-231.2, described below. 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. Some states have stricter gun laws than federal law. 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. Taken See Va. Code Ann. 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. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. Post Office Box 2454 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. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. Any previous names and/or aliases you have used. Charges may be dismissed but no authority exists to expunge or seal the record. These letters should indicate to what extent the writer knows you and why he or she thinks you should be granted a pardon. Have witnesses who can prove your innocence write letters explaining their version of the events. 18.2-308.09. 1-231.1 requires the director of corrections to give notice to individuals completing their sentences of the procedure for regaining rights. 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 See http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf.8. An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. . 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. 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. 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 18.2-251. . The bill takes several steps to alleviate this problem. The Parole Board consists of five members appointed by the gov . 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. (See https://www.cannabis.virginia.gov/.) An explanation as to why the Governor should grant you a pardon. V irginia Gov. 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. 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). See Va. Code Ann. Richmond, Virginia 23218-2454 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). See Comm. [8] The Governor will simply have the Parole Board review your application, conduct an investigation, and then make a recommendation to him or her. 19.2-392.3, 19.2-392.4(A)(B). An ex parte order may permit a review of the record, but may not permit a copy to be made of it. Id. v. Dotson, supra, would appear to preclude expungement. Naturally, the older and less serious your conviction, and the more compelling your life story, the higher your chance of getting a pardon. 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]. With one exception, these provisions are also scheduled to go into effect by 2025. 1406). The information shall not be disseminated except as provided for in this section. Federal and out-of-state offenders are not eligible to apply for pardon. 16.1-307. . Id. Va. Code Ann. Candice Reid, Restoration of Rights Director Nearly all other misdemeanor convictions, except DUI and domestic assault, are eligible if the person was not convicted of a new crime for a, Class 5 felonies (110 years in prison), Class 6 felonies (15 years in prison), and felony larceny convictions (except certain DUI offenses) are eligible for petition-based sealing if the person has not been convicted of any offense for a, Deferred dismissals for offenses other than marijuana and alcohol possession are also eligible for petition-based sealing. Va. Code Ann. 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. 2021 record clearing laws in generalB. 54.1-204 (Prior convictions not to abridge rights). See Part II, infra. These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. (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. Cf. An absolute pardon is often a [14] However, just because you cannot be prosecuted under federal law does not mean you cannot be prosecuted under state law. 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. 54.1-204(B). 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. ContentsI. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. 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. 53.1-135. Ann. 19.2-392.2(I). See Comm. WebPardon practice is unique it is less a legal remedy and more a small political campaign. . There are no application fees to apply for a pardon in Virginia. Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. 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. Gallagher v. Commonwealth, 284 Va. 444, 451, 732 S.E.2d 22 (Va. 2012).6. There will not be a hearing, meeting, or conference on your application. See the section below on marijuana offenses. 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