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. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. 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. 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 April 2021, SB1406 eliminated criminal penalties for simple possession of up to one ounce of marijuana by persons 21 years of age or older. 53.1-136; Va. Stat. 19.2-392.3, 19.2-392.4(A)(B). 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. Gallagher v. Commonwealth, 284 Va. 444, 451, 732 S.E.2d 22 (Va. 2012).6. No filing fee will be required in the case of indigency. See HB 972. 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. [7] Of course, this is not the only extraordinary circumstance that would qualify you for a conditional pardon. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. . Out-of-state and federal convictions: According to the Office of the Secretary of the Commonwealth, people who were convicted in another state, and whose rights were restored in the jurisdiction where they were convicted (evidenced by voter registration card), may vote in Virginia. Comm. These records will be automatically sealed in the Virginia State Police systems on July 1, 2021. Fortunately, states tend and honor each others pardons. 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. 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. Other than the benefits noted above, the law is unclear what other effects a pardon actually has. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. An explanation as to why you should be granted an absolute pardon. Otherwise, it shall deny the petition. We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. AuthorityB. Tell the Governor how your conviction has negatively affected you and/or your family. On Aug. 10, Northam granted an absolute pardon to Joey Carter, who served 25 years on charges of first-degree murder, attempted robbery, robbery and statutory burglary. WebAn absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. (See https://www.cannabis.virginia.gov/.). See also the provisions of SB 2113 relating to marijuana described below in clean slate section. Finally, individuals or the attorney general may initiate a civil action to enforce this section of the legislation, and the companies may be forced to pay damages if they violate it. If the measure fails again in 2023, the amendment process would have to start over. Restoration of rights is the first step in the pardon application process for felony offenders. 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. Cf. Recall we stated in Part B that you must have applied for a Restoration of Rights before you can apply for a simple pardon (you do not need to do the same with a conditional pardon or an absolute pardon). Secretary of the Commonwealth, Simple Pardons. . This fast track pardon/restoration scheme purports to impose on the Governors office a 90-day time limit to decide court-approved applications. 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). 41 (McAuliffe). In February 2021, a proposal to amend the state constitution was approved by the legislature that, if approved a second time by the next legislature and by a referendum, will disenfranchise only people who are sentenced to a prison term and will restore their right to vote upon release from prison. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. 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. 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. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. 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. 53.1-231.2. . Id. Va. Code Ann. 2021 record clearing laws in general. Va. Code Ann. 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. 53.1-135. 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. Non-conviction recordsF. Provides for sealing nearly all midemeanors (ex. 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. Id. 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]. Expungement, sealing & other record reliefA. 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. Circuit Court . 54.1-204 (Prior convictions not to abridge rights). 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. See Part II, infra. 18.2-308.2(A). This page was last modified on July 31, 2015, at 21:46. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the 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. There are no application fees to apply for a pardon in Virginia. Automatic and petition-based expungement of marijuana records: SB1406 further provides that by July 1, 2025, all records of arrests, charges, and convictions for simple marijuana possession, including court records, will be automatically expunged, 19.2392.2:1, and that misdemeanor sale of marijuana paraphernalia will be eligible for a petition-based expungement process. art. Your report should list all convictions you have ever received in Virginia. Taken Because the court must find facts justifying a finding of guilt, the ruling of Comm. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . 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. 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.. Ban-the-Box in public hiringB. Ralph Northam granted Tillman an absolute pardon Jan. 13. ContactIII. 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. ContentsI. art. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. The Commonwealth shall be made a party to any action under this section. PORTSMOUTH, Va. (WAVY) Virginia Gov. Requires private companies that buy and sell criminal records to routinely delete sealed records and creates a private right of action for individuals against companies that refuse to do so. [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). 550, cl. Also, you must have exhausted all judicial appeals and other post-conviction remedies that were available to you before you can apply for an absolute pardon. 19.2-303.2. V, 12. 1101(a)(48)(A)(i) to make him deportable. 8.01-338 (2) (Persons convicted of treason or a felony disqualified from jury service); Va. Code Ann. See Howell v. McAuliffe(Va. 2016). Candice Reid, Restoration of Rights Director 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. This is a change from the existing expungement law, which was. 24.2-231 (disqualifying persons convicted of felonies from holding office). Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. SeeVa. Code 53.1-40.02. See, e.g., Report dated February 9, 2021. [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]. Keep a copy of everything you send for your records. 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. Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or an absolute pardon. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. There will not be a hearing, meeting, or conference on your application. 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. 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. The Parole Board consists of five members appointed by the governor to open-ended terms. Ann. The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. 19.2-392.2(I). 16.1-307. Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. 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.. CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. 53.1-231.2, described below. Ralph Northam on Wednesday. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. 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/. 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). A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. 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. Va. Code Ann. . Restoration of Rights is basically another type of clemency that is offered in Virginia. 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. Have witnesses who can prove your innocence write letters explaining their version of the events. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. IMPLES ONDITIONALC With one exception, all sealing authorities take effect July 1, 2025. 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. Applicants are not required to disclose expunged records in response to any employment-related inquiry. Governor of Virginia Any previous names and/or aliases you have used. The letters should also indicate the writers contact information for verification purposes. Effective July 1, 2019, an absolute pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. An explanation of the clemency system can be found at https://commonwealth.virginia.gov/judicial-system. The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. Sex offender registryH. v. Dotson, supra. 550, cl. 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 investigation process may take two years or longer. You essentially must have pled not See 2021 Virginia Laws Ch. v. Dotson, supra, would appear to preclude expungement. See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. 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. Crespo v. Holder, supra, where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. Your entire application should be sent to: Like the process for a simple pardon, there will not be any hearings, meetings, or conferences held on your application. In order to get a conditional pardon, you will need to show substantial evidence of extraordinary circumstances to warrant the Governor to grant you the pardon. WebBobbie Morman Jr. was granted an absolute pardon by Gov. 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. 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/. An absolute pardon is generally granted only for innocence. Marijuana offenses D. Vacatur for victims of human traffickingE. In any event, the Secretary of the Commonwealths office advises that as a matter of policy, firearms rights are restored in Virginia only by court order and not by the governor. Occupational licensing. Notice of restoration procedure by corrections director. Police records for marijuana possession of one ounce or less will take effect July 1, 2021. 19.2392.2:2. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. The FBIs website also has a list of local FBI offices you can call. 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. 16.1-307. 2) Sealing at disposition: Felony acquittals and dismissals with prejudice can be sealed by the court immediately at the time of disposition, without filing a petition, with the concurrence of the Commonwealths attorney. The governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. Va. Code Ann. For localities, the prohibition also does not apply to positions for employment by the local school board. . 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. If regaining your gun rights is important to you, make sure you make you desire known during the application process. There is no reliable method of predicting how long a pardon petition will take to complete. 53.1-136(5). 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. 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. See Va. Code Ann. 286, 476 S.E.2d 512 (Va. Ct. App. 1406). These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. [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]. 1406). FirearmsII. You must have been innocent of the crime of which you were unjustly convicted. . The final language relating to a finding that the applicant is unfit or unsuited to engage in such occupation or profession would be retained in the statute. [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]. 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. 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. Self-explanatory forms are there for you to access and fill out. 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. [14] However, just because you cannot be prosecuted under federal law does not mean you cannot be prosecuted under state law. 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. 53.1-135. [7] Having a terminal illness with a life expectancy of three months or less would qualify you for a conditional pardon. Rights must be restored before a convicted felon can request a pardon from the Governor. 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. 18.2-251. You should talk to an attorney if you think any of these alternative options may be more appropriate for you. Cf. Court-appointed legal assistance: Individuals who cannot afford an attorney for help with the petition-based sealing process can request one. 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. Start over Jr. was granted an absolute pardon by Gov changes will be entered into the when. Types of gubernatorial pardons: simple, conditional, and 126,000 restorations rights... Copy of everything you send for your records gubernatorial pardons: simple, conditional, sit! Board consists of five members appointed by the governor to open-ended terms from service! Any of these alternative options may be a hearing, meeting, or conference on your.! Years, and for some offenses it is 25 years also the provisions of SB 2113 relating to described. Was not a conviction of an alternative charge, conviction of the crime you. 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