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. 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. Under federal law, if you have received a pardon from any state, the pardoned conviction cannot be used by federal authorities to prosecute you for unlawful possession of a firearm unless the pardon specifically says you cannot possess a gun. The Parole Board consists of five members appointed by the gov Candice Reid, Restoration of Rights Director, Office of the Secretary of the Commonwealth, III. v. Dotson, supra, would appear to preclude expungement. Sex offender registryH. WebBobbie Morman Jr. was granted an absolute pardon by Gov. The Innocence Project at the University of Virginia School of Law helped Joey Carter, who served 25 years after being convicted of a Norfolk, Virginia, murder, We appreciate your patience during this time. A conditional pardon, in this respect, is much like parole. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. Restoration of rights is the first step in the pardon application process for felony offenders. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. 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. Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. WebAn absolute pardon is the only type of pardon that would allow you to have your conviction expunged 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. ContentsI. 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. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. 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. art. 19.2-392.3, 19.2-392.4(A)(B). Va. Const. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. Loss & restoration of civil/firearms rights, IV. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. See alsoPart I-A, supra. art. In any event, the Secretary of the Commonwealths office advises that as a matter of policy, firearms rights are restored in Virginia only by court order and not by the governor. Va. Stat. 284 Va. at 451. 53.1-135. . Restores right to vote, sit on jury, hold public office, and serve as a notary public. 53.1-136(5), 53.1-231. No more than two members are full-time. Court-appointed legal assistance: Individuals who cannot afford an attorney for help with the petition-based sealing process can request one. 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. Va. Code Ann. 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]. However you feel about the crime, you have already been found guilty. 1406). Effective March 1, 2021, in any case, courts may, with the agreement of the Commonwealth, after plea or trial, with or without a guilty finding or determination, and notwithstanding entry of a conviction orderupon consideration of the facts and circumstances of the case, including mitigating factors and the request of the victimdefer entry of a conviction order or a final order, and continue the case on reasonable terms and conditions agreed upon by the parties or imposed by the court. The governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. See https://www.cannabis.virginia.gov/. 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. Frequency of grantsG. 1101(a)(48)(A)(i) to make him deportable. If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. Office of the Governor An absolute pardon is generally granted only for innocence. 24.2-231 (disqualifying persons convicted of felonies from holding office). 2021 record clearing laws in general. 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. 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. 19.2-392.4. 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 your statement, do not simply say that you want a clean criminal record. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . However, keep in mind that the absolute pardon does not automatically expunge your conviction; you must still apply to a court for this after you receive the pardon. See HB 972. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. To petition for a simple pardon the applicant must be free of all conditions set by the court for a period of ten years. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. 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. 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). An explanation of the clemency system can be found at. Post Office Box 2454 Office of the Secretary of the Commonwealth Ralph Northam granted Tillman an absolute pardon Jan. 13. 550, cl. Cf. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. . 18.2-308.2(A). Finally, keep in mind that the effects of a pardon can vary from one state to the next. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. 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. Richmond, VA 23219. 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. Keep a copy of everything you send for your records. See 2021 Virginia Laws Ch. If immigration is not an issue for you, this benefit is obviously irrelevant. See Comm. 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. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. Applicants are not required to disclose expunged records in response to any employment-related inquiry. Criminal record in employment & licensingA. Stricter eligibility standards apply to the statutory restoration procedure through the court. 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. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Va. Code Ann. . The Parole Board consists of five members appointed by the governor to open-ended terms. art. 19.2-392.2(I). 1-231.1 requires the director of corrections to give notice to individuals completing their sentences of the procedure for regaining rights. See 19.2-327.15 et seq. 19.2-392.12(L). 1996)(person pardoned is exempt from prohibitions against possession of firearms by felons), http://commonwealth.virginia.gov/Judicial-system/pardons, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/restoration.cfm, http://commonwealth.virginia.gov/judicial-system/restoration-of-rights/. V, 12;see alsoVa. Code 53.1-229. 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 . [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. (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. Cf. You can also do an online request on its website at http://www.vsp.state.va.us/. 1406). In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. . The bill establishes a Sealing Fee Fund, which will collect filing fees from individuals who can afford them and use that money to pay court-appointed attorneys. [10] Your chance of getting a pardon largely depends on your individual circumstances. Self-explanatory forms are there for you to access and fill out. 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. The Secretary of the Commonwealth is the office that receives all pardon applications. 19.2-392.4. If you have convictions in other states, you may need to obtain a more comprehensive, nationwide criminal report from the Federal Bureau of Investigation. 53.1-134. That said, a board may review records in which a sentence was suspended, and pleas of nolo contendere. 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. [1], There is a body called the Parole Board which has the authority, upon the Governors request, to investigate and make recommendation to the Governor on pardon applications. His successor, Gov. Notably, court debt will not be a barrier to record clearance under the legislation. See Va. Code Ann. One must be a representative of a victims group. 18.2-308.2(A). They would also require boards to develop and publish on their website guidance documents that inform prospective applicants of the types of criminal offenses that may impede licensure, including specific convictions and application of the factors provided [to determine direct relationship].. 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. It is an official statement of forgiveness from the Governor, and while it does not expunge the record, it can be a Ann. Juvenile recordsG. The prohibition does not apply to applications for law enforcement employment, or to state agencies that are expressly permitted to inquire into an individuals criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. For each conviction (misdemeanor or felony) you have ever received: The date you will be eligible for parole. art. If the measure fails again in 2023, the amendment process would have to start over. A conditional pardon is available only to a person who is currently incarcerated. Va. Code Ann. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. In April 2021, SB1406 eliminated criminal penalties for simple possession of up to one ounce of marijuana by persons 21 years of age or older. 53.1-231. The three types of pardons are absolute, conditional, and simple. One must be a representative of a victims group. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. Pardon policy & practiceA. 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. 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.). 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. 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. Ralph Northam in a months time. However, a board shall have the authority to refuse a license . . [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. You should talk to an attorney knowledgeable about gun rights restoration in Virginia if you specifically want your gun rights restored. Finally, these two laws would require, beginning July 1, 2025, the Department of Professional and Occupational Regulation must include in its biennial report to the governor certain data related to the criminal history of applicants for each regulatory board, including the number of applicants with a criminal history and cases where denial of a license was based in whole or in part upon the existence of the applicants criminal record. [9] If you want a pardon for a federal conviction, you must do that through the United States Department of Justice, Office of the Pardon Attorney (see our page on this site on federal pardons). 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. 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.. (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.. 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). 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. 53.1-231.2. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. An absolute pardon is often a 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. Any previous names and/or aliases you have used. Va. Code Ann. Webpardon. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. 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. 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. 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. 19.2-392.3, 19.2-392.4(A)(B). [9] In 2009, 64 pardons were granted. See HB711. Web3. . [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. 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. [14] However, just because you cannot be prosecuted under federal law does not mean you cannot be prosecuted under state law. If renacted in 2023, these two 2022 laws would also make a number of changes in the language governing a boards determination of direct relationship that are intended to limit a boards ability to reject applicants based on their conviction. Also, in most cases, federal immigration authorities cannot rely solely on a conviction that has been subject to a pardon for the purpose of deporting you from the country. Innocence Project clients Bobbie Morman Jr. and Joey Carter also recently received absolute pardons. 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. 53.1-231.2, described below. Va. Code Ann. However, A Restoration of Rights certificate does not necessarily restore your gun rights. 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. 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 [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. v. Dotson, supra. 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. Of rights, under such rules and regulations as may be a to. Have your conviction expunged from your criminal record a ) ( 48 ) ( B ) that. The Governors decision is final, which means you can also do an online request on its website http. 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