Governor of Virginia Tell the Governor how your conviction has negatively affected you and/or your family. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. Also, you must have exhausted all judicial appeals and other post-conviction remedies that were available to you before you can apply for an absolute pardon. However, an exception to the rule exists if you receive an absolute pardon. 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. 8.01-338 (2) (Persons convicted of treason or a felony disqualified from jury service); Va. Code Ann. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. The prosecutor will supply both types of information instead. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. . After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. To petition for a simple pardon the applicant must be free of all conditions set by the court for a period of ten years. WebTYPE OF PARDON REQUESTED . Secretary of the Commonwealth, Conditional Pardons. He also granted four conditional pardons to enable the recipients to avoid deportation,and a number of medical pardons (commutations). A conditional pardon is available only to a person who is currently incarcerated. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. 54.1-204 (Prior convictions not to abridge rights). There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. The FBIs website also has a list of local FBI offices you can call. The investigation process may take two years or longer. 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. 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. 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). You should also list any positive things that you have done while in prison. The governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. [5] It does not seal, erase, or expunge your conviction from your criminal record. Pardon policy & practiceA. 41 (McAuliffe). 550, cl. Va. Code Ann. 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]. Clean Slate law: Sealing of convictions and non-convictionsIV. 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. 286, 476 S.E.2d 512 (Va. Ct. App. 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. Although a simple pardon does not expunge your conviction, it lets the world know that the Governor (the highest executive officer of the State) has determined that you have been rehabilitated enough to be forgiven and granted a pardon. 18.2-308.2(A). Pursuant to 19.2-392.2 C, the petition with a copy of the In other words, you must have maintained your innocence throughout the proceedings. 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. 1101(a)(48)(A)(i) to make him deportable. Non-convictions that do not qualify for automatic sealing can still go through the petition-based process. However, A Restoration of Rights certificate does not necessarily restore your gun rights. 19.2-393.13(C)(xi). 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. Va. Code Ann. Secretary of the Commonwealth, Simple Pardons. [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. Restoration of rights is the first step in the pardon application process for felony offenders. If the Governor denies your application, you can reapply two years later after the denial.[8]. 3) Petition-based sealing: The greatly expanded petition-based sealing portion of the bill, set forth in 19.2-392.12,covers a broad range of offenses. 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. Mary Wood Eric Weakley, a member of the so-called Culpeper Three and a client of the Innocence Project at the University of Virginia School of Law, has received Your simple pardon application will first be sent to the Parole Board for review, and, if the Parole Board finds that your application has merit, it will conduct a thorough investigation. 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. V irginia Gov. The legislation also removes the requirement that individuals seeking record clearance go to a law enforcement agency to get fingerprinted as part of the petition process, and the petitioner does not have to produce their criminal record. 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. Va. Code Ann. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. 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. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. 19.2-392.3, 19.2-392.4(A)(B). If renacted in 2023, these two 2022 laws would also make a number of changes in the language governing a boards determination of direct relationship that are intended to limit a boards ability to reject applicants based on their conviction. 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. . [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. SB5033. Loss & restoration of civil/firearms rights, IV. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement. In addition, it is the only type of pardon that would allow you to have your conviction expunged from your criminal record. ProcessF. IMPLES ONDITIONALC The website of the Secretary of the Commonwealth explains that. 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. PORTSMOUTH, Va. (WAVY) Virginia Gov. An explanation as to why you should be granted an absolute pardon. art. Va. Code Ann. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. In your statement, do not simply say that you want a clean criminal record. The Parole Board consists of five members appointed by the gov 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. Conditional pardons are rare as the Governor does not typically substitute their judgment 9 (S.B. Any previous names and/or aliases you have used. 1406). Office of the Governor The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. FirearmsII. 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. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. 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 See Howell v. McAuliffe(Va. 2016). v. Dotson, supra, would appear to preclude expungement. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . . Id. Provide any other relevant information that you wish to be considered in your application. Webpardon. (See https://www.cannabis.virginia.gov/.). 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. Stricter eligibility standards apply to the statutory restoration procedure through the court. 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/. The governor is required by the state constitution to give a reason for each grant in his report to the legislature (see above), but he generally gives no reasons for denials. You should provide other relevant information that you wish the Governor to consider. He also issued a number of conditional pardons (commutations). Taken into 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. 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). In order to obtain a simple pardon, you must show evidence of good citizenship, plus favorable recommendations from the Parole Board and public officials who were involved in the case (judge, prosecutor, etc.). Expungement, sealing & other record relief, A. Gallagher v. Commonwealth, 284 Va. 444, 451, 732 S.E.2d 22 (Va. 2012).6. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. See Va. Code Ann. You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. Va. Const. 19.2-298.02(D). If regaining your gun rights is important to you, make sure you make you desire known during the application process. 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. 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. EffectE. No more than two members are full-time. (804) 692-0104 [2] The Parole Board is made up of five members who are appointed by the Governor and confirmed by the General Assembly. Juvenile recordsG. See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. Ann. 53.1-231.2. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. Office of the Secretary of the Commonwealth He had been 53.1-231.2. WebA partial pardon is a form of a conditional pardon and can be granted to individuals who are experiencing immigration issues. 19.2-392.2(I). State Capitol, 3rd Floor Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Explain what your future plans are and how a pardon would help you. 19.2-392.4. You must have been innocent of the crime of which you were unjustly convicted. 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. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. 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. Any other names and/or aliases you have used. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. 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. 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]. 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). D. Vacatur for victims of human trafficking. Gov. 53.1-136(5). Occupational licensing. 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. A conditional pardon, in this respect, is much like 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.). [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. The bill takes several steps to alleviate this problem. . To qualify for automatic sealing, seven years must have passed since the conviction or deferred dismissal, the person must not have any new convictions during that time, and on the date of disposition, the person must not have been convicted of another offense that is ineligible for automatic sealing. An explanation as to why the Governor should grant you a pardon. 53.1-135. 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.) 53.1-231.2, described below. 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. 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. art. 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., anguage 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. [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). 19.2-392.16. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. Federal and out-of-state offenders are not eligible to apply for pardon. An absolute pardon is generally granted only for innocence. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. 550, cl. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. H. Clean Slate law: Sealing of convictions and non-convictions, to assist an innocent persons ability to obtain employment, an education and to obtain credit. This is significant in light of a, Application-stage inquiries into criminal history by executive branch agencies are also governed by a 2015 executive order which directs all state agencies to remove the question relating to criminal record from employment applications, and encourages similar hiring practices among private employers operating within the Commonwealth and state government contractors., The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. Va. Code. 53.1-134. These are all listed in his end-of-year reports to the legislature. 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