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. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. The Innocence Project gives law students hands-on ApplyForPardon .com - Pardon form completion service. 286, 476 S.E.2d 512 (Va. Ct. App. See http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf.8. No more than two members are full-time. 1101(a)(48)(A)(i) to make him deportable. 19.2-392.3. CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of Pardon Specialist If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. [8] The Governor will simply have the Parole Board review your application, conduct an investigation, and then make a recommendation to him or her. 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. In his four years in office (2010-2014) Governor McDonnell granted a total of 52 simple pardons, 46 in his final year in office, for reasons ranging from restoration of firearms rights to facilitate military enlistment and removal of legal barriers to adoption, to relief from disqualification for public office and employment. Governor of Virginia His successor, Gov. You should also list any positive things that you have done while in prison. SB5033. In your statement, do not simply say that you want a clean criminal record. . D. Vacatur for victims of human trafficking. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. See Va. Code Ann. You essentially must have pled not You should talk to an attorney if you think any of these alternative options may be more appropriate for you. WebAn absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Richmond, VA 23219. Notice of restoration procedure by corrections director. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. Allows for sealing of felony acquittals and dismissals at disposition with the consent of the prosecuting attorney. Explain what your future plans are and how a pardon would help you. See alsoPart I-A, supra. 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. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. 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.See Executive Order No. [2] The Parole Board is made up of five members who are appointed by the Governor and confirmed by the General Assembly. Va. Code Ann. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. . 18.2-308.2(A). 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). Expungement of police and court records by petition is authorized under Va. Code Ann. Restoration of Rights is basically another type of clemency that is offered in Virginia. 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. This page was last modified on July 31, 2015, at 21:46. If any felonies were involved, the applicant must art. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . According to the Secretary of Commonwealths website, a petitioner must have pleaded not guilty and, if eligible, exhausted all other remedies, including filing a writ of actual innocence. Unless your situation involves a terminal illness or deportation where you do not have a lot of time, the Parole Boards investigation can take up to a year to complete. 19.2-298.02. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. WebPardon practice is unique it is less a legal remedy and more a small political campaign. . You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. 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). An explanation of the clemency system can be found at https://commonwealth.virginia.gov/judicial-system. 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. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. 19.2-298.02(D). 53.1-135. Restoration of rights is the first step in the pardon application process for felony offenders. Stricter eligibility standards apply to the statutory restoration procedure through the court. The Secretary of the Commonwealth is the office that receives all pardon applications. However, a board shall have the authority to refuse a license . You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. Va. Code Ann. [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]. Pardon policy & practiceA. 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. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. 19.2-392.2(I). Secretary of the Commonwealth, Simple Pardons. 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. [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]. See Howell v. McAuliffe(Va. 2016). The location where you are confined/incarcerated. 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. With one exception, all sealing authorities take effect July 1, 2025. Office of the Secretary of the Commonwealth 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. You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. 19.2-392.2(I). (See https://www.cannabis.virginia.gov/.). Va. Code Ann. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. 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. 53.1-231. The bill takes several steps to alleviate this problem. 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. 19.2-392.3, 19.2-392.4(A)(B). 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. 18.2-308.2(A). You can find out how to do this by calling the FBIs headquarters in Washington, D.C., at (202) 324-3000, or logging onto its website at http://www.fbi.gov. An absolute pardon is often a 9.1-910 (Removal of name and information from Registry). 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 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. [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). The Parole Board consists of five members appointed by the gov Frequency of grantsG. 19.2-392.16. The FBIs website also has a list of local FBI offices you can call. 19.2-393.13(C)(xi). 2021 record clearing laws in generalB. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. 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. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. Ralph Northam granted an absolute pardon to a client of the Innocence Project at the University of Virginia School of Law on Wednesday. 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. ProcessF. 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. A conditional pardon, in this respect, is much like parole. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. Ralph Northam granted Tillman an absolute pardon Jan. 13. If you would like to apply for a simple pardon, and have satisfied the eligibility requirements indicated above, your letter to the Governor must include the minimum following information[6]: If you do not remember all of your convictions or have insufficient information about particular convictions, you may need to obtain a Virginia criminal history report for yourself. Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. . These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. To petition for a simple pardon the applicant must be free of all conditions set by the court for a period of ten years. 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]. Effective July 1, 2019, an absolute pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. 53.1-231.2, described below. Candice Reid, Restoration of Rights Director, Office of the Secretary of the Commonwealth, III. In February 2021, an amendment to the state constitution was approved by the legislature that, if approved a second time by the next legislature and by a referendum, will restore the vote upon release from prison. These records will be automatically sealed in the Virginia State Police systems on July 1, 2021. Educational accomplishments including the names of schools you attended, years attended, and any degrees or certifications you have received. The prosecutor will supply both types of information instead. Webpardon. 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. Applicants are not required to disclose expunged records in response to any employment-related inquiry. See 2021 Virginia Laws Ch. 19.2-392.8(b). [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). If you have convictions in other states, you may need to obtain a more comprehensive, nationwide criminal report from the Federal Bureau of Investigation. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. 53.1-135. 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 . 24.2-231 (disqualifying persons convicted of felonies from holding office). Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. Self-explanatory forms are there for you to access and fill out. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. The pardon application form is available at. A simple pardon is useful in signifying rehabilitation, but Virginia authorities advise that it is not clear what if any legal effect such a pardon may have under state law. 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. [7] The Parole Board will review your application, and, if it finds merit, will conduct a thorough investigation and then submit a recommendation to the Governor. His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. 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). Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric 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. [10] Your chance of getting a pardon largely depends on your individual circumstances. Finally, keep in mind that the effects of a pardon can vary from one state to the next. . Web3. See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. 53.1-134. 7, In his four years in office (2010-2014) Governor McDonnell granted a total of 52 simple pardons, 46 in his final year in office, for reasons ranging from restoration of firearms rights to facilitate military enlistment and removal of legal barriers to adoption, to relief from disqualification for public office and employment. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. 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. An ex parte order may permit a review of the record, but may not permit a copy to be made of it. Id. [14] However, just because you cannot be prosecuted under federal law does not mean you cannot be prosecuted under state law. As advocates warned during the 2020 special session, these records can continue to appear on private background checks long after the public records have been sealed or expunged. 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. Some states have stricter gun laws than federal law. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. . . Id. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. There are three types of pardons: 1. A Simple Pardon is a statement of official forgiveness. 2. A Conditional Pardon is available only to people who are currently incarcerated. 3. An Absolute Pardon is rarely granted because it is based on the belief that the petitioner was unjustly convicted and is innocent. Candice Reid, Restoration of Rights Director See Comm. Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. These are all listed in his end-of-year reports to the legislature. v. Dotson, supra. We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. DUI and domestic assault) after 7 years, Level 5 and 6 felony convictions after 10 conviction-free years, and deferred dismissals through a petition-based court process. Pursuant to 19.2-392.2 C, the petition with a copy of the Id. Va. Code Ann. You can also do an online request on its website at http://www.vsp.state.va.us/. ContentsI. [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. WebTYPE OF PARDON REQUESTED . . . 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.). IMPLES ONDITIONALC The Sentencing Project, Virginia, Margaret Colgate Love, See, e.g., Wilborn v. Saunders, 195 S.E. See general rules at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/. . Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. Expungement, sealing & other record relief, A. You should talk to an attorney knowledgeable about gun rights restoration in Virginia if you specifically want your gun rights restored. 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. Expungement of police and court records by petition is authorized under Va. Code Ann. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. Assure the Governor that you will not revert to criminal activity after you are released, but instead will be a productive member of society. Occupational licensing. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. [5] In order to qualify for an absolute pardon, you Va. Stat. The Honorable [name of current Governor] Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. Prior to 2016, individuals convicted of non-violent offenses were eligible to petition for relief immediately upon completion of their sentences, while those convicted of violent offenses were required to wait five years to file a petition. See HB711. (For example, Vince Gilmer, Christopher Sharikas) Absolute pardon of those convicted whove completed their sentence and have a strong innocence claim. There are no application fees to apply for a pardon in Virginia. 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. 53.1-136(5). Notably, court debt will not be a barrier to record clearance under the legislation. 8.01-338 (2) (Persons convicted of treason or a felony disqualified from jury service); Va. Code Ann. 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. The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. 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. See Comm. Office of the Governor Va. Code Ann. 54.1-204(B). art. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. The general record relief legislation (HB 2113) includes five key provisions: The provisions of HB 2113 are scheduled to go into effect no later than 2025, and they are described together in a final 2021 law section below. Provides for sealing nearly all midemeanors (ex. Documents and remind the Governor and confirmed by the 2021 law under 18.2-251, deferred adjudication was not conviction. Until all court ordered treatment, counseling, and it is 25.. Granted an absolute pardon to a news release from UVa, after serving 22 behind. 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