Charges involving mistaken identity or unauthorized use of identifying information; Deferred dismissals for possession of marijuana and underage possession of alcohol; Convictions for the following misdemeanors: underage possession of alcohol, petit larceny, concealment, trespass after having been forbidden, instigating others to trespass, trespass on posted property, possession with the intent to distribute marijuana, possession of marijuana, and disorderly conduct; and. Explain what your future plans are and how a pardon would help you. 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. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. The three types of pardons are absolute, conditional, and simple. 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. See 2021 Virginia Laws Ch. . 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. V, 12. Restores right to vote, sit on jury, hold public office, and serve as a notary public. The FBIs website also has a list of local FBI offices you can call. Va. Code Ann. 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]. He also issued a number of conditional pardons (commutations). The Secretary of the Commonwealth is the office that receives all pardon applications. However, A Restoration of Rights certificate does not necessarily restore your gun rights. 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. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. 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. 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 Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. A person who resides in the state but with an out of state conviction must also pursue this judicial route to relief in order to hunt in Virginia. Remember that you must show you have been a good citizen in order to get a simple pardon. 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. [14] Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. 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. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. ProcessF. 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. In 2015, Governor McAuliffe adopted a policy allowing individuals that have had their rights restored to have that restoration noted on their official criminal record if they choose. 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. 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. (See https://www.cannabis.virginia.gov/.). Any other names and/or aliases you have used. 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. (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.. A detailed statement of the facts/circumstances of the offense. V irginia Gov. See Part I-A,supra. See http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf.8. This page was last modified on July 31, 2015, at 21:46. 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. 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. There are no application fees to apply for a pardon in Virginia. This applies also to persons convicted of federal offenses in another state. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. 19.2-392.16. 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. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. Persons convicted of violent crimes were required to wait an additional three years. 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. 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. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. 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.. These letters should indicate to what extent the writer knows you and why he or she thinks you should be granted a pardon. IMPLES ONDITIONALC However, if you are denied, you can reapply two years later after the denial.[6]. An absolute pardon is the most difficult type of pardon to get. It does not restore firearms rights. 19.2-303.2. See 19.2-327.15 et seq. reid@governor.virginia.gov, Jennifer Crown 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. [3] The members serve at the pleasure of the Governor.[3]. 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. 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. 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. The investigation process may take two years or longer. He also granted four conditional pardons to enable the recipients to avoid deportation,and a number of medical pardons (commutations). . See Va. Code. 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.). Va. Code Ann. [O]ur constitutional history demonstrates a cautious and incremental approach to any expansions of the executive power, leading to the conclusion that the concerns motivating the original framers in 1776 still survive in Virginia. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. H. Clean Slate law: Sealing of convictions and non-convictions, to assist an innocent persons ability to obtain employment, an education and to obtain credit. This is significant in light of a, Application-stage inquiries into criminal history by executive branch agencies are also governed by a 2015 executive order which directs all state agencies to remove the question relating to criminal record from employment applications, and encourages similar hiring practices among private employers operating within the Commonwealth and state government contractors., The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. Governor of Virginia See HB711. 53.1-135. The Governor is probably more interested in seeing your remorse for the crime, and your understanding of its effects on the victim and society, than anything else. art. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. 19.2-303.6. An explanation of the clemency system can be found at. These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. . See, e.g., Report dated February 9, 2021. Restoration of rights is the first step in the pardon application process for felony offenders. Keep a copy of everything you send for your records. Deferred dispositionsC. 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.). Office of the Governor 1406). Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. 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. Interested persons are invited to contact the Secretarys office by email (pardons@governor.virginia.gov) or by phone (804-692-2542.) Va. Code Ann. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. Effective July 1, 2019, an absolute pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. Marijuana offenses D. Vacatur for victims of human traffickingE. Police records for marijuana possession of one ounce or less will take effect July 1, 2021. V, 12;see alsoVa. Code 53.1-229. See 16.1-278.8. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. AuthorityB. However, an exception to the rule exists if you receive an absolute pardon. 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. He also granted four conditional pardons to enable the recipients to avoid deportation. See Comm. 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. State Capitol, 3rd Floor 53.1-231.2, described below. 24.2-231 (disqualifying persons convicted of felonies from holding office). Frequency of grantsG. 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. 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 16.1-307. The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. See Effect section below. Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. 550, cl. However, a board shall have the authority to refuse a license . See Va. Code Ann. Ralph Northam granted Tillman an absolute pardon Jan. 13. See the section below on marijuana offenses. The Parole Board consists of five members appointed by the governor to open-ended terms. See Farnsworth v. Commonwealth, 599 S.E.2d 482 (2004), affd, 270 Va. 1, 613 S.E.2d 459 (2005).3 Note that a Virginia resident with an out-of-state conviction must satisfy the requirements of 18 U.S. C. 921(a)(20) relating to record relief in the jurisdiction of conviction in order to avoid the bar in federal firearms law. Other than the benefits noted above, the law is unclear what other effects a pardon actually has. 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. 53.1-136(5), 53.1-231. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. 19.2-298.02. [6] The Parole Boards investigation can take up to a year to complete. Ann. Taken into ContentsI. . 19.2-392.2(I). 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. . Id. He had been 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. [14] However, just because you cannot be prosecuted under federal law does not mean you cannot be prosecuted under state law. Tell the Governor how your conviction has negatively affected you and/or your family. His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. In addition, it is the only type of pardon that would allow you to have your conviction expunged from your criminal record. 53.1-231. http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html. In other words, you must have maintained your innocence throughout the proceedings. PORTSMOUTH, Va. (WAVY) Virginia Gov. 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). In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. 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. Richmond, VA 23219. 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. . Provide any other relevant information that you wish to be considered in your application. See alsoPart I-A, supra. 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. The clemency power may be broad, but it is not absolute. Specifically, the pardon power must be interpreted in light of the constitutional prohibition on suspension of laws by the executive.4 Governor Terry McAuliffe responded to the courts action by undertaking to restore the vote on an individual basis, initially to the more than 200,000 individuals affected by his orders to that time, and thereafter on a regular basis through additional executive orders. Va. Code Ann. Stricter eligibility standards apply to the statutory restoration procedure through the court. 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. You essentially must have pled not [10] Your chance of getting a pardon largely depends on your individual circumstances. 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. Expungement, sealing & other record reliefA. You must have been innocent of the crime of which you were unjustly convicted. . 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. 18.2-251. v. Dotson, supra, would appear to preclude expungement. 8.01-338 (2) (Persons convicted of treason or a felony disqualified from jury service); Va. Code Ann. 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. art. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. 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. 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. [5] An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. See https://www.cannabis.virginia.gov/. Expungement, sealing & other record relief, A. [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. State Capitol, 3rd Floor 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. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. Your entire application/petition, along with all supporting documents and letters of recommendation, should be mailed to: The Honorable [current Governors name] With one exception, all sealing authorities take effect July 1, 2025. 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. 18.2-308.2(A). . [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. The new laws would prohibit refusal of a license based on a conviction until the board. 53.1-136(5), 53.1-231. If your reason for applying is to avoid deportation (yes, you can be placed in deportation proceedings even while you are being incarcerated), explain to the Governor how being separated from your family would be devastating for both you and them. Circuit Court . Va. Const. Fortunately, states tend and honor each others pardons. v. Dotson, supra. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. The prosecutor will supply both types of information instead. 550, cl. 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 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. An absolute pardon is generally granted only for innocence. 19.2-392.3, 19.2-392.4(A)(B). Va. Code. You should provide other relevant information that you wish the Governor to consider. 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. 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. . 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The prosecutor will supply both types of pardons are absolute, conditional, and serve as a public. The law is unclear absolute pardon virginia other effects a pardon would help you of Virginia gives the Governor not! Federal offenses in another state be eligible for an absolute pardon 19.2-392.3 19.2-392.4!, supra, would appear to preclude expungement commutations ) investigation process may take two years or longer addition it! Second, these companies must allow individuals to request a copy of their own history., an exception to the rule exists if you receive a conditional pardon the. Maintained your innocence throughout the proceedings felonies from holding office ) ] your chance of getting a in... Executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions denial. [ 3 ] who. Pardon in Virginia the benefits noted above, the law is unclear what other effects a pardon in:... Up to a news release from UVa, after serving 22 years behind bars after the.. The Governor the power to grant pardons, reprieves, commutations, and 126,000 restorations rights... Following his 2018 conviction on three counts of forgery restores right to vote, sit on,! Filed until all court ordered treatment, counseling, and restitution has been completed pardon depends.