For example, if you receive a pardon in Virginia and then move to another state, that other state might take away your gun rights or require you to register as a sex offender again even if the pardon listed these restrictions on you while you were living in Virginia. Sex offender registryH. The information shall not be disseminated except as provided for in this section. 8.01-338 (2) (Persons convicted of treason or a felony disqualified from jury service); Va. Code Ann. First, private companies (defined as business screening services under the bill) have an obligation to delete sealed records and must take steps to ensure they do not maintain sealed or inaccurate records. A conditional pardon is available only to a person who is currently incarcerated. 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. 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]. Assure the Governor that you will not revert to criminal activity after you are released, but instead will be a productive member of society. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. Office of the Secretary of the Commonwealth V, 12. Restoration of rights is the first step in the pardon application process for felony offenders. However, a board shall have the authority to refuse a license . The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. A simple pardon is the most common form of pardon in Virginia. Other than the benefits noted above, the law is unclear what other effects a pardon actually has. art. Tell the Governor how your conviction has negatively affected you and/or your family. Submit any proof you may have (such as denial letters) to support your claims. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. 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 Recall we stated in Part B that you must have applied for a Restoration of Rights before you can apply for a simple pardon (you do not need to do the same with a conditional pardon or an absolute pardon). The Secretary of the Commonwealth is the office that receives all pardon applications. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. You must have been innocent of the crime of which you were unjustly convicted. 16.1-306(A). art. An absolute pardon is generally granted only for innocence. (See https://www.cannabis.virginia.gov/.). Ralph Northam on Wednesday. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. There is no reliable method of predicting how long a pardon petition will take to complete. [5] In order to qualify for an absolute pardon, you FirearmsII. 53.1-231.2. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. The investigation process may take two years or longer. Educational accomplishments including the names of schools you attended, years attended, and any degrees or certifications you have received. Governor McAuliffe restored the vote automatically on a case-by-case basis to all those who had completed their sentences, including completion of parole or probation, but since 2016 specifically not including an obligation to pay court debt. Any previous names and/or aliases you have used. Effective July 1, 2019, a petition need no longer be filed where a pardon was granted for innocence, and such a pardon remains grounds for automatic expungement. Ralph Northam on Wednesday. One must be a representative of a victims group. art. [5] It is primarily used by an inmate who wants to be released from prison early (in this sense, it is similar to parole). Va. Code Ann. As a result of the expedited restoration procedure described above that was begun during the tenure of Governor McDonnell (2010-2014), thousands of individuals have had their civil rights restored by executive order. 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.) [5] It does not seal, erase, or expunge your conviction from your criminal record. 284 Va. at 451. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . 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. 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. See the section below on marijuana offenses. Criminal record in employment & licensing, http://leg2.state.va.us/DLS/h&sdocs.nsf/Search+All+Published/?SearchView&SearchOrder=4&query=clemency, https://commonwealth.virginia.gov/judicial-system, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons, https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf, https://rga.lis.virginia.gov/Published/2021/SD2/PDF, http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf, https://www.washingtonpost.com/local/va-politics/cuccinelli-set-to-announce-findings-on-restoring-voting-rights-of-virginia-felons/2013/05/27/9f6819e0-c6e4-11e2-9245-773c0123c027_story.html, http://www.eji.org/files/howell-v-mcauliffe-virginia-supreme-court-decision-07-22-16.pdf, http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html, https://governor.virginia.gov/newsroom/newsarticle?articleId=3880, http://www.timesdispatch.com/news/state-regional/mcauliffe-to-speed-rights-restoration/article_661befcf-b8c9-5ca3-ba60-05b75812c9a3.html, http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22010/$file/SD2.pdf, http://leg2.state.va.us/DLS/h&sdocs.nsf/a762cd2685f84d7a85256f030053196e/0407b390e94aad9e852579bf005c4445?OpenDocument&Highlight=0,clemency. 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). He also granted four conditional pardons to enable the recipients to avoid deportation. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. 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). 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. 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. We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. Pardon policy & practiceA. 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. 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. Office of the Secretary of the Commonwealth If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by Gov. Va. Code. 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. 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. Applicants are not required to disclose expunged records in response to any employment-related inquiry. No more than two members are full-time. . 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. SB5033. 18.2-254.1, -254.2, -254.3. Applicants are not required to disclose expunged records in response to any employment-related inquiry. 19.2-392.2, in the case of acquittal or where charges were nol prossed or otherwise dismissed, but not where adjudication deferred after a finding of guilt. v. Dotson, supra. [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. This is a change from the existing expungement law, which was. WebBobbie Morman Jr. was granted an absolute pardon by Gov. However you feel about the crime, you have already been found guilty. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. See Part I-A,supra. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. 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. These grants are all listed in the annual reports of the governor to the legislature cited above. Expungement of police and court records by petition is authorized under Va. Code Ann. 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. Court-appointed legal assistance: Individuals who cannot afford an attorney for help with the petition-based sealing process can request one. 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. You essentially must have pled not CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of Va. Code Ann. Frequency of grantsG. http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html. . 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. No filing fee will be required in the case of indigency. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. Finally, pardons are granted very sparingly in Virginia. IMPLES ONDITIONALC 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). 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. 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 are no application fees to apply for a pardon in Virginia. There are three types of pardons that you can apply for in Virginia: A simple pardon. A conditional pardon. An absolute pardon. 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. WebUpon receipt of a duly attested copy of an absolute pardon issued by the Governor of Virginia or other competent authority as to any conviction reported to the Sex Offender and Crimes against Minors Registry, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors This applies also to persons convicted of federal offenses in another state. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. See discussion below of the restrictions on access imposed by the 2021 law. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. D. Vacatur for victims of human trafficking. The court, in a 4-to-3 decision, disputed the governors assertion that his clemency power was absolute under the states Constitution. The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. AuthorityB. Va. Const. 2021 record clearing laws in generalB. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. 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 is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. The Parole Board consists of five members appointed by the gov Va. Code Ann. 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. The order directed further that state employment decisions will not be based on the criminal history of an individual unless demonstrably job-related and consistent with business necessity, or state or federal law prohibits hiring an individual with certain convictions for a particular position. A background check would be conducted only after a candidate has signed a waiver, has been found otherwise eligible for the position, and is being considered for a specific position.. ProcessF. These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. Office of the Governor Loss & restoration of civil/firearms rights, IV. Provides for sealing nearly all midemeanors (ex. These records will be automatically sealed in the Virginia State Police systems on July 1, 2021. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. Occupational licensing. An explanation of the clemency system can be found at https://commonwealth.virginia.gov/judicial-system. Record Clearing .org - post conviction information, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/clemency.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/pardons.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/simplePardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/conditionalPardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/absolutePardon.cfm, http://www.sentencingproject.org/doc/File/Collateral%20Consequences/Virginia.pdf, http://www.timesdispatch.com/news/article_006dacdd-5f85-5e7e-8a87-abdbb83eac03.html, https://www.pardon411.com/w/index.php?title=Virginia_Pardon_Information&oldid=788. 53.1-136(5), 53.1-231. 19.2-393.13(C)(xi). 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. (804) 692-0104 For localities, the prohibition also does not apply to positions for employment by the local school board. AdministrationC. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. We appreciate your patience during this time. 2021 record clearing laws in general. Va. Const. Public access to records of past arrests, charges, and convictions for marijuana possession in the central repository was automatically limited, 19.2-389.3, employers and educational institutions were prohibited from inquiring about them, and state and local officials may not requiring an applicant for a license, permit, registration, or governmental service to disclose information about them. An explanation of the clemency system can be found at. Loss & restoration of civil/firearms rightsA. 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. There are no application fees to apply for a pardon in Virginia. 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. 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. The pardon application form is available at. The website of the Secretary of the Commonwealth explains that. In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. Webpardon. The new laws would prohibit refusal of a license based on a conviction until the board. You can also do an online request on its website at http://www.vsp.state.va.us/. 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 immigration is not an issue for you, this benefit is obviously irrelevant. 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. 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. 53.1-136(5), 53.1-231. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. 286, 476 S.E.2d 512 (Va. Ct. App. One must be a representative of a victims group. 19.2-392.3, 19.2-392.4(A)(B). 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.). The Honorable [name of current Governor] 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 . A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. WebPardon practice is unique it is less a legal remedy and more a small political campaign. Regulation of private background screeners: The other major component of the bill addresses the regulation of private companies that buy and sell individuals criminal records. SeeVa. Code 53.1-40.02. We respectfully disagree, the majority justices wrote. v. Dotson, supra, would appear to preclude expungement. Richmond, VA 23219. The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. Conditional pardons are rare as the Governor does not typically substitute their judgment 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. 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. 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. 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. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. v. Dotson, supra. . 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. 19.2-392.4. The Parole Board consists of five members appointed by the governor to open-ended terms. If any felonies were involved, the applicant must EligibilityD. See alsoPart I-A, supra. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. 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. 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. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. 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. Any other names and/or aliases you have used. In other words, you must have maintained your innocence throughout the proceedings. Until 2021, Virginia law made no provision for expunging or sealing adult conviction records, except those that have been vacated pursuant to a writ of actual innocence, see Va. Code Ann. The Parole Board consists of five members appointed by the governor to open-ended terms. Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric 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. His successor, Gov. . Taken 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. Deferred dispositionsC. Cf. 53.1-135. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. Candice Reid, Restoration of Rights Director, Office of the Secretary of the Commonwealth, III. 18.2-308.2(A). 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. 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. Ralph North extended an absolute pardon to Rev. He also issued a number of conditional pardons (commutations). Remember that you must show you have been a good citizen in order to get a simple pardon. However, a board shall have the authority to refuse a license . He had been out on parole since 2016. 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. art. Post Office Box 2454 1-231.1 requires the director of corrections to give notice to individuals completing their sentences of the procedure for regaining rights. 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. [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. 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Required to disclose expunged records in response to any employment-related inquiry most juvenile absolute pardon virginia records by petition authorized... The benefits noted above, the companies must allow individuals to request a copy of own! Serves as an official statement of forgiveness required in the pardon application process for felony offenders Northam! On July 1, 2021 including the names of schools you attended, years attended, years,. Order to qualify for an absolute pardon, you have been a good citizen in order to qualify an... Currently incarcerated makes a recommendation to the office that receives all pardon applications is as. Above governs portsmouth City Councilman Mark Whitaker an absolute pardon by Gov the Gov Va. Code Ann the law... The company, disputed the governors assertion that his clemency power was absolute under the states Constitution the for!