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.). 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 general rules at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/. Applications are sent to the Office of the Secretary of the Commonwealth and are sometimes forwarded to the Parole Board which makes a non-binding recommendation to the governor following an investigation. Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, 18.2-250.1. 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. For each conviction (misdemeanor or felony) you have ever received: The date you will be eligible for parole. 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.). Ralph North extended an absolute pardon to Rev. PORTSMOUTH, Va. (WAVY) Virginia Gov. 2021 record clearing laws in generalB. 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. 9 (S.B. This is a change from the existing expungement law, which was. See Va. Code Ann. 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. [5] As the name suggests, there are conditions attached to the pardon, which if you violate could cause your pardon to be revoked and you to be thrown back in prison.[5]. Non-conviction recordsF. In your statement, do not simply say that you want a clean criminal record. These letters should indicate to what extent the writer knows you and why he or she thinks you should be granted a pardon. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. Police records for marijuana possession of one ounce or less will take effect July 1, 2021. 550, cl. Va. Code. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. (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. In March 2021, Governor Ralph Northam issued an executive order pursuant to his pardon power, restoring the vote to 69,000 people who had been released from prison but had not yet completed their supervision, culminating a process of automatic expansion of the franchise by gubernatorial executive order that began in 2013.1 The history of the expansion of this automatic executive restoration program between 2013 and 2016 is traced by the Brennan Center. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. 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. WebTYPE OF PARDON REQUESTED . 19.2392.2:2. See Va. Code. 1406). Alternatively, you can contact the criminal history record repository (which keeps a record of all criminal activity in a state) in each state where you have arrests/convictions. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. The Honorable [name of current Governor] Have witnesses who can prove your innocence write letters explaining their version of the events. Clean Slate law: Sealing of convictions and non-convictionsIV. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. D. Vacatur for victims of human trafficking. 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. [3] The members serve at the pleasure of the Governor.[3]. The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. With one exception, these provisions are also scheduled to go into effect by 2025. Va. Code Ann. Allows for sealing of felony acquittals and dismissals at disposition with the consent of the prosecuting attorney. SB5033. 18.2-308.2(A). 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. 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. 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 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, [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. The court, in a 4-to-3 decision, disputed the governors assertion that his clemency power was absolute under the states Constitution. Pardon Specialist art. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. However, A Restoration of Rights certificate does not necessarily restore your gun rights. 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. 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 convicted. An absolute pardon is often a remedy of last resort. In order to be eligible for an absolute pardon, you must have: Pled not guilty throughout the judicial process. [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. WebWe subsequently submitted a request for an absolute pardon for Mr. Knight, and on January 14, 2022, Governor Northam granted a conditional pardon to Mr. Knight. 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. . Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. Loss & restoration of civil/firearms rights, IV. The investigation process may take two years or longer. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. 53.1-135. If the measure fails again in 2023, the amendment process would have to start over. WebA conditional pardon is an act to modify or end a sentence imposed by the court. 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. You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. Deferred dispositionsC. The location where you are confined/incarcerated. 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. . 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. Va. Code Ann. . There will not be a hearing, meeting, or conference on your application. 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. In order to be considered for immigration 54.1-204 (Prior convictions not to abridge rights). Restoration of rights is the first step in the pardon application process for felony offenders. An absolute pardon is generally granted only for innocence. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. He also granted four conditional pardons to enable the recipients to avoid deportation,and a number of medical pardons (commutations). The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. 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. 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. 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. You should provide other relevant information that you wish the Governor to consider. Court records are automatically destroyed annually if the juvenile is at least age 19 and five years have elapsed since the last hearing in any juvenile case. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. [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). v. Dotson, supra. 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. 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. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. No more than two members are full-time. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. Cf. After several years of investigation and advocacy by the Innocence Project at the University of Virginia School of Law, client Lamar Barnes was released from prison Va. Code 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 person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. See 19.2-327.15 et seq. 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. Secretary of the Commonwealth, Absolute Pardons and Writ of Actual Innocence. SeeVA HB282 and SB409. 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. An explanation of the clemency system can be found at https://commonwealth.virginia.gov/judicial-system. An absolute pardon is often a 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/. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. Richmond, VA 23219. We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. Tell the Governor how your conviction has negatively affected you and/or your family. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. 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). 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. An explanation of the clemency system can be found at. 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. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. 16.1-307. 16.1-306(A). [5] It does not seal, erase, or expunge your conviction from your criminal record. 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. The Sentencing Project, Virginia, Margaret Colgate Love, See, e.g., Wilborn v. Saunders, 195 S.E. [10] Your chance of getting a pardon largely depends on your individual circumstances. 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. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. 19.2-298.02. 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. Juvenile recordsG. See the section below on marijuana offenses. (For example, Vince Gilmer, Christopher Sharikas) Absolute pardon of those convicted whove completed their sentence and have a strong innocence claim. 54.1-204(B). A person who resides in the state but with an out of state conviction must also pursue this judicial route to relief in order to hunt in Virginia. . Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. These grants are all listed in the annual reports of the governor to the legislature cited above. 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. Non-convictions that do not qualify for automatic sealing can still go through the petition-based process. The FBIs website also has a list of local FBI offices you can call. The information shall not be disseminated except as provided for in this section. Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. 53.1-134. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. Fortunately, states tend and honor each others pardons. 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. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. 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. A conditional pardon, in this respect, is much like parole. There are no application fees to apply for a pardon in Virginia. 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. 53.1-136(5), 53.1-231. Va. Code Ann. 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. Candice Reid, Restoration of Rights Director, Office of the Secretary of the Commonwealth, III. 19.2-392.3, 19.2-392.4(A)(B). Frequency of grantsG. Federal and out-of-state offenders are not eligible to apply for pardon. See https://www.cannabis.virginia.gov/. See HB 972. [9] However, there is a 3-year waiting period before you can apply (that is, 3 years after you completed your sentence) if your conviction was a nonviolent offense, and a 5-year waiting period for violent and drug offenses (other than simple possession). Introduces a system of court-appointed counsel for individuals who cannot afford an attorney for the petition-based sealing process. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. The Secretary of the Commonwealth is the office that receives all pardon applications. Criminal record in employment & licensingA. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. The Commonwealth shall be made a party to any action under this section. Office of the Secretary of the Commonwealth art. See Comm. If you lost certain rights because of a convictionsuch as your rights to vote, to serve on a jury, and to hold public officethe most sure way to have them restored is not through a pardon but through a type of clemency called Restoration of Rights. The person is granted an absolute pardon is generally granted only for innocence petition at the. 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