[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). Pardon Specialist 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. Va. Const. 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. Loss & restoration of civil/firearms rightsA. 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. 18.2-308.09. 19.2-392.4. 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. 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. 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 19.2-392.2(J), or those which were the subject of an absolute pardon (for innocence), see 19.2-392.2 (I). Id. If immigration is not an issue for you, this benefit is obviously irrelevant. Stricter eligibility standards apply to the statutory restoration procedure through the court. . 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. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. Va. Code. . Self-explanatory forms are there for you to access and fill out. 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. A simple pardon is the most common form of pardon in Virginia. 53.1-231.2. 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. Submit any proof you may have (such as denial letters) to support your claims. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. 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. [5] An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. If the Governor denies your application, you can reapply two years later after the denial.[8]. See Effect section below. Criminal record in employment & licensingA. 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. Interested persons are invited to contact the Secretarys office by email (pardons@governor.virginia.gov) or by phone (804-692-2542.) A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. 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. [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]. 2021 record clearing laws in generalB. See Va. Code Ann. Persons convicted of violent crimes were required to wait an additional three years. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. (804) 692-0104 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. 53.1-231. (For example, Vince Gilmer, Christopher Sharikas) Absolute pardon of those convicted whove completed their sentence and have a strong innocence claim. 18.2-308.2(A). 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 HB 972. Ralph North extended an absolute pardon to Rev. Taken into custody at age 18, Bobbie Morman Jr. served more than 22 years of a 48-year prison sentence for an Aug. 4, 1993, drive-by shooting in Norfolk, Virginia, in which no one was Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. Ban-the-Box in public hiringB. For each conviction (misdemeanor or felony) you have ever received: The date you will be eligible for parole. Comm. 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. 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. 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. Effective July 1, 2019, an absolute pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. With one exception, these provisions are also scheduled to go into effect by 2025. Pursuant to 19.2-392.2 C, the petition with a copy of the An absolute pardon goes even further than the two above. You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. 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. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. 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. 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. Office of the Governor Persons convicted in other jurisdictions while residing in Virginia (including federal offenders), or who moved to Virginia before their rights were restored in the jurisdiction of conviction, may apply to the Governor for restoration under his constitutional pardon power. 19.2-392.12(L). The three types of pardons are absolute, conditional, and simple. Taken V, 12. Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. 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. Enter your information and get a neat and clean looking form sent to you. An explanation as to why you should be granted an absolute pardon. 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. Each Governor has the discretion to set his or her own guidelines/policies regarding who is eligible for a pardon/clemency and the process to apply.[4]. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. 19.2392.2:2. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. [8] The Governor will simply have the Parole Board review your application, conduct an investigation, and then make a recommendation to him or her. 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. See 2021 Virginia Laws Ch. 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.. See Va. Code Ann. 53.1-134. 19.2-392.3. Expungement, sealing & other record reliefA. It does not restore firearms rights. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. 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. This authority is available even if the accused had a previous conviction, deferred disposition, or juvenile adjudication, unless a deferred disposition would be inconsistent with the interests of justice. Id. The new laws would prohibit refusal of a license based on a conviction until the board. This is a change from the existing expungement law, which was. 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 prosecutor will supply both types of information instead. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. [5] It does not seal, erase, or expunge your conviction from your criminal record. 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. Conditional pardons are rare as the Governor does not typically substitute their judgment Acts of violence and crimes where deferred disposition is provided by statute are ineligible. Va. Const. 286, 476 S.E.2d 512 (Va. Ct. App. 53.1-136(5), 53.1-231. Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by Gov. 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. 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.). The Honorable [name of current Governor] Ralph Northam granted an absolute pardon to a client of the Innocence Project at the University of Virginia School of Law on Wednesday. WebBobbie Morman Jr. was granted an absolute pardon by Gov. Secretary of the Commonwealth, Simple Pardons. 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 . 1406). 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. Candice Reid, Restoration of Rights Director https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. [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. 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. 19.2-392.16. The bill takes several steps to alleviate this problem. Occupational licensing. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. You can also do an online request on its website at http://www.vsp.state.va.us/. Ralph Northam on Wednesday. art. See the section below on marijuana offenses. 18.2-308.2(A). You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. Va. Code Ann. 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. 41 (McAuliffe). In other words, you must have maintained your innocence throughout the proceedings. Va. Code Ann. 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. An ex parte order may permit a review of the record, but may not permit a copy to be made of it. Id. 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. (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.. 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/. 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. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. Secretary of the Commonwealth, Conditional Pardons. In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. 550, cl. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. See, e.g., Report dated February 9, 2021. . These records will be automatically sealed in the Virginia State Police systems on July 1, 2021. Office of the Secretary of the Commonwealth 804-786-2441. Deferred dispositionsC. In order to be considered for immigration . 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. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. An explanation of the clemency system can be found at. Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. V irginia Gov. . The court, in a 4-to-3 decision, disputed the governors assertion that his clemency power was absolute under the states Constitution. Court may grant relief only if it finds manifest injustice to the petitioner, except where arrest was for a misdemeanor and the petitioner has no prior record: If the court finds 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, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the charge. 53.1-231.2, described below. Va. Code Ann. 284 Va. at 451. PORTSMOUTH, Va. (WAVY) Virginia Gov. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Provide any other relevant information that you wish to be considered in your application. Ann. The Innocence Project gives law students hands-on Remember the standard for getting a conditional pardon is that you must show substantial evidence of extraordinary circumstances. For example, if you have a terminal illness and do not have much longer to live, explain this and provide proof of the terminal illness (e.g., a letter from the prison doctor). 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.). 53.1-136; Va. Stat. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. An alternative process allows for petition to the local circuit court or court of conviction to restore the right to vote (unavailable for those convicted of violent felonies, drug-trafficking, or election fraud; five year waiting period). 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. 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. Have witnesses who can prove your innocence write letters explaining their version of the events. Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, 18.2-250.1. (See https://www.cannabis.virginia.gov/.) 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. In addition, it is the only type of pardon that would allow you to have your conviction expunged from your criminal record. We appreciate your patience during this time. 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. You should talk to an attorney if you think any of these alternative options may be more appropriate for you. 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. If the measure fails again in 2023, the amendment process would have to start over. 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. Governor of Virginia There will not be a hearing, meeting, or conference on your application. No filing fee will be required in the case of indigency. However, an exception to the rule exists if you receive an absolute pardon. 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. 2021 record clearing laws in general. You should provide other relevant information that you wish the Governor to consider. [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]. No more than two members are full-time. Richmond, Virginia 23218-2454 Civil rightsB. 9.1-910 (Removal of name and information from Registry). Rights must be restored before a convicted felon can request a pardon from the Governor. 16.1-306(A). If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early.