You must have been innocent of the crime of which you were unjustly convicted. With one exception, all sealing authorities take effect July 1, 2025. The three types of pardons are absolute, conditional, and simple. Pardon policy & practiceA. Notably, court debt will not be a barrier to record clearance under the legislation. Fortunately, states tend and honor each others pardons. Civil rightsB. Court debt no barrier: Notably, court debt will not be a barrier to record clearance under the legislation (a provision requiring payment was omitted in the final bill) and court clerks will continue to have access to records for the purpose of collecting court debt owed by individuals after their record has been sealed. . 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. 550, cl. Additionally, an adjudication of delinquency for any crime that would be a felony if committed by an adult results in the loss of firearm rights until the age of 29. 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. For each conviction (misdemeanor or felony) you have ever received: The date you will be eligible for parole. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. 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. The Parole Board consists of five members appointed by the governor to open-ended terms. 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. . In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. See Va. Code Ann. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. WebAn absolute pardon may be granted when the Governor is convinced that the petitioner is innocent of the charge for which he or she was convicted. The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. 9 (S.B. [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]. 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. Post Office Box 2454 53.1-136(5), 53.1-231. See Effect section below. Misdemeanor non-convictions (excluding traffic infractions) unless the Commonwealths attorney objects on one of five specific grounds. 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. See, e.g., Report dated February 9, 2021. Va. Stat. 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). Ralph Northam, granted Morman an absolute pardon on July 14, 2021. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. Id. 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. There will not be a hearing, meeting, or conference on your application. The statute specifies that if a court places an individual on probation under this section, it is considered a conviction for purposes of school suspension under 22.1-315. [5] An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. 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. Secretary of the Commonwealth, Simple Pardons. 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. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. Taken In addition, it is the only type of pardon that would allow you to have your conviction expunged from your criminal record. If immigration is not an issue for you, this benefit is obviously irrelevant. You should talk to an attorney if you think any of these alternative options may be more appropriate for you. If, after such hearing, the court is satisfied that such person no longer poses a risk to public safety, the court shall grant the petition. In the event the petition is not granted, the person shall wait at least 24 months from the date of the denial to file a new petition for removal from the Registry. . 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. Va. Code Ann. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. (See https://www.cannabis.virginia.gov/.) 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. 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. Comm. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. Your chance of getting a pardon can also depend on who is serving as Governor at the time your application is reviewed; some Governors are simply more lenient than others in handing out pardons. 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. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. If a close family member of yours has a terminal illness and you wish to be with them during the life days of their life, explain this and provide proof of their illness. . 41 (McAuliffe). With an important caveat, a person may not be refused a license or occupational/professional certificate solely because of a prior criminal conviction, unless the criminal conviction directly relates to the occupation or profession for which the license, certificate or registration is sought. IMPLES ONDITIONALC That said, a board may review records in which a sentence was suspended, and pleas of nolo contendere. Additionally, an adjudication of delinquency for any crime that would be a felony if committed by an adult results in the loss of firearm rights until the age of 29. The court, in a 4-to-3 decision, disputed the governors assertion that his clemency power was absolute under the states Constitution. There are no application fees to apply for a pardon in Virginia. [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. Persons convicted of violent crimes were required to wait an additional three years. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. V irginia Gov. Submit any proof you may have (such as denial letters) to support your claims. An explanation of the clemency system can be found at. He also issued a number of conditional pardons (commutations). 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. ProcessF. 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. Office of the Secretary of the Commonwealth https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. Procedures set forth in 19.2-392.12(E) and (F); if prosecutor does not object, court need not hold a hearing; court must find manifest injustice.. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. 53.1-136; Va. Stat. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. See discussion below of the restrictions on access imposed by the 2021 law. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. [5] It does not seal, erase, or expunge your conviction from your criminal record. See http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf.8. 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. 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. The investigation process may take two years or longer. 19.2-392.3, 19.2-392.4(A)(B). 54.1-204 (Prior convictions not to abridge rights). These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. 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. Va. Code Ann. Conditional pardons are rare as the Governor does not typically substitute their judgment See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. Ann. 19.2-298.02. Introduces a system of court-appointed counsel for individuals who cannot afford an attorney for the petition-based sealing process. [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]. Expungement of police and court records by petition is authorized under Va. Code Ann. If you are pursuing a career in a field that requires you to obtain a pardon, submit documents, letters, or other proof from a prospective employer, licensing agency, or attorney verifying this necessity. Va. Code Ann. See Part II, infra. 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. Ralph Northam in a months time. [2] The Parole Board is made up of five members who are appointed by the Governor and confirmed by the General Assembly. 19.2-392.4. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. Governor of Virginia Va. Code Ann. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. reid@governor.virginia.gov, Jennifer Crown Ralph Northam on Wednesday. Requirement of a hearing may be waived if government gives written notice to the court that he does not object to the petition and, when the charge to be expunged is a felony, stipulates in such written notice that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner. Id. 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. . 19.2-303.2. WebABSOLUTE PARDON 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 [7] Of course, this is not the only extraordinary circumstance that would qualify you for a conditional pardon. 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. Va. Code Ann. . Your report should list all convictions you have ever received in Virginia. 19.2-392.16. 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. The prosecutor will supply both types of information instead. 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. An absolute pardon is the most difficult type of pardon to get. See https://www.cannabis.virginia.gov/. V, 12. Federal and out-of-state offenders are not eligible to apply for pardon. Assure the Governor that you will not revert to criminal activity after you are released, but instead will be a productive member of society. Secretary of the Commonwealth, Absolute Pardons and Writ of Actual Innocence. In determining whether a criminal conviction directly relates to an occupation or profession, the regulatory board shall consider the following criteria: If an applicant is denied a registration, license or certificate because of the information appearing in his criminal history record, the regulatory board or department shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. [10] Your chance of getting a pardon largely depends on your individual circumstances. Effective July 1, 2019, an absolute pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. art. 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.). art. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. The pardon application form is available at. Loss & restoration of civil/firearms rightsA. 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. 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. The Parole Board consists of five members appointed by the governor to open-ended terms. II, 1 (No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority.); see also Va. Code Ann. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. However you feel about the crime, you have already been found guilty. Gov. 54.1-204 (Prior convictions not to abridge rights). See Va. Code Ann. 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. 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. 9.1-910 (Removal of name and information from Registry). Ban-the-Box in public hiringB. Office of the Secretary of the Commonwealth 804-786-2441. Upon filing, the court holds a hearing and makes a determination as to whether the person has completed their sentence five years previous, and demonstrated civil responsibility. The court then makes a recommendation to the governor. 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. The new laws would prohibit refusal of a license based on a conviction until the board. Pursuant to 19.2-392.2 C, the petition with a copy of the 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). Richmond, Virginia 23218-2454 With one exception, these provisions are also scheduled to go into effect by 2025. 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. Explain what your future plans are and how a pardon would help you. 19.2-392.3, 19.2-392.4(A)(B). These are all listed in his end-of-year reports to the legislature. Deferred disposition for a first drug offense: The court may grant deferred disposition for certain first drug offenses, 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 guilt. 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. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . Interested persons are invited to contact the Secretarys office by email (pardons@governor.virginia.gov) or by phone (804-692-2542.) [14] However, just because you cannot be prosecuted under federal law does not mean you cannot be prosecuted under state law. A detailed statement of the facts/circumstances of the offense. Va. Code Ann. 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. . Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. Any other names and/or aliases you have used. If you need to regain your gun rights, explain why you need thisfor example, you are pursuing a career that requires the use of firearms, or you want to take part in your family hunting traditions, or you simply want to feel more secure and able to defend yourself and/or your family after a recent traumatic event. 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. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. 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. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. See 2021 Virginia Laws Ch. In order to be considered for immigration State Capitol, 3rd Floor 53.1-231. [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]. . An explanation as to why the Governor should grant you 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. Restoration of Rights is basically another type of clemency that is offered in Virginia. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. 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