For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. 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. On Aug. 10, Northam granted an absolute pardon to Joey Carter, who served 25 years on charges of first-degree murder, attempted robbery, robbery and statutory burglary. Gov. The Governor can only grant a pardon for a Virginia conviction. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the For each conviction (misdemeanor or felony) you have ever received, list: The sentence you received, or otherwise the outcome of the case. 550, cl. We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. 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. 24.2-231 (disqualifying persons convicted of felonies from holding office). Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. 1101(a)(48)(A)(i) to make him deportable since there was no concession or finding of guilt). The new laws would prohibit refusal of a license based on a conviction until the board. These grants are all listed in the annual reports of the governor to the legislature cited above. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. Expungement of police and court records by petition is authorized under Va. Code Ann. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. 1406). However, if you are denied, you can reapply two years later after the denial.[6]. Allows for sealing of felony acquittals and dismissals at disposition with the consent of the prosecuting attorney. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. See Part I-A,supra. 284 Va. at 451. Va. Code. [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. Webpardon. Circuit Court . This bill also expanded the offenses subject to the limits on dissemination of criminal history record information (discussed above) to include arrests, charges, and convictions for misdemeanor with intent to distribute marijuana offenses. If you want to pardon for an out-of-state conviction, you should find the appropriate page on this site dealing with pardons in that particular state. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. Have witnesses who can prove your innocence write letters explaining their version of the events. WebA partial pardon is a form of a conditional pardon and can be granted to individuals who are experiencing immigration issues. 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. Cf. 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.). 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. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. 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]. DUI and domestic assault) after 7 years, Level 5 and 6 felony convictions after 10 conviction-free years, and deferred dismissals through a petition-based court process. In February 2021, a proposal to amend the state constitution was approved by the legislature that, if approved a second time by the next legislature and by a referendum, will disenfranchise only people who are sentenced to a prison term and will restore their right to vote upon release from prison. 19.2-303.6. Va. Const. See Va. Code Ann. 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. ApplyForPardon .com - Pardon form completion service. v. Dotson, supra, would appear to preclude expungement. The final language relating to a finding that the applicant is unfit or unsuited to engage in such occupation or profession would be retained in the statute. [5] An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. 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. 19.2-392.4. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. 2021 record clearing laws in general. A conditional pardon, in this respect, is much like parole. Nearly all other misdemeanor convictions, except DUI and domestic assault, are eligible if the person was not convicted of a new crime for a, Class 5 felonies (110 years in prison), Class 6 felonies (15 years in prison), and felony larceny convictions (except certain DUI offenses) are eligible for petition-based sealing if the person has not been convicted of any offense for a, Deferred dismissals for offenses other than marijuana and alcohol possession are also eligible for petition-based sealing. [2] The Parole Board is made up of five members who are appointed by the Governor and confirmed by the General Assembly. 53.1-231. Stricter eligibility standards apply to the statutory restoration procedure through the court. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. The website of the Secretary of the Commonwealth explains that. . [6] For a felony conviction, you must have applied for and been granted a Restoration of Rights before applying for a simple pardon. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. WebAn absolute pardon may be granted when the Governor is convinced that the petitioner is innocent of the charge for which he or she was convicted. 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. With enactment of HB 2113 and SB 1406, Virginia gained one of the more progressive record relief systems in the country, with a mixture of automatic and petition-based sealing, both for convictions generally and marijuana offenses specifically. If the Governor denies your application, you can reapply two years later after the denial.[8]. [9] In 2009, 64 pardons were granted. 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. Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, 18.2-250.1. Third, the companies must include the date they collected an individual record when they disseminate it. Emerson Stevens is the third client of the Innocence Project at the University of Virginia School of Law to receive an absolute pardon from Virginia Gov. [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. 54.1-204(B). 41 (McAuliffe). See 16.1-278.8. 19.2-392.2(J), or those which were the subject of an absolute pardon (for innocence), see 19.2-392.2 (I). Clean Slate law: Sealing of convictions and non-convictionsIV. 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. [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. See 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. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. State Capitol, 3rd Floor Ralph Northam in a months time. . 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . 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. Va. Code Ann. In 2014, Virginia enacted new restrictions on concealed carry permits for those convicted of two or more misdemeanors (5 years), marijuana possession and public drunkenness (3 years), stalking (permanent with no relief), and juvenile offenses that would be a felony (16 years). Ralph Northam on Wednesday. Restores right to vote, sit on jury, hold public office, and serve as a notary public. You should talk to an attorney if you think any of these alternative options may be more appropriate for you. If you have convictions in other states, you may need to obtain a more comprehensive, nationwide criminal report from the Federal Bureau of Investigation. Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. 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. SB5033. 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. 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. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . 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. Effect of sealing: In general, sealed records may not be disclosed except pursuant to a court order, unless disclosure is specifically authorized by 19.2-392.13(C) These 25 specific authorizations include various law enforcement and related employments, and any purpose for which a background check is required by federal, state or local law. CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of If you feel your life is in danger as long as you remain in prison, explain this and perhaps have some witnesses write letters to support your claim. 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). A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. Expungement of police and court records by petition is authorized under Va. Code Ann. Finally, pardons are granted very sparingly in Virginia. An absolute pardon is generally granted only for innocence. Assure the Governor that you will not revert to criminal activity after you are released, but instead will be a productive member of society. 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. 19.2-392.3, 19.2-392.4(A)(B). However, an exception to the rule exists if you receive an absolute pardon. See alsoPart I-A, supra. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. Persons convicted of violent crimes were required to wait an additional three years. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. However, a board shall have the authority to refuse a license . You should talk to an attorney knowledgeable about gun rights restoration in Virginia if you specifically want your gun rights restored. No more than two members are full-time. Loss & restoration of civil/firearms rights, IV. 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. 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. Submit any proof you may have (such as denial letters) to support your claims. 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). 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 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. On July 22, 2016, the Virginia Supreme Court struck down a series of executive orders issued by Governor Terry McAuliffe on a monthly basis beginning in April 2016, which purported to restore the vote automatically to all disenfranchised individuals who had completed their sentences and satisfied any attendant financial obligations. Va. Code Ann. You must have been innocent of the crime of which you were unjustly convicted. [3] The members serve at the pleasure of the Governor.[3]. See Howell v. McAuliffe(Va. 2016). 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.. 9 (S.B. An explanation as to why the Governor should grant you a pardon. If you lost certain rights because of a convictionsuch as your rights to vote, to serve on a jury, and to hold public officethe most sure way to have them restored is not through a pardon but through a type of clemency called Restoration of Rights. 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. This fast track pardon/restoration scheme purports to impose on the Governors office a 90-day time limit to decide court-approved applications. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. 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.). 19.2-393.13(C)(xi). You should provide other relevant information that you wish the Governor to consider. Office of the Secretary of the Commonwealth 804-786-2441. 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. IMPLES ONDITIONALC The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. No filing fee will be required in the case of indigency. 53.1-231.2. Ban-the-Box in public hiringB. art. See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. Requires private companies that buy and sell criminal records to routinely delete sealed records and creates a private right of action for individuals against companies that refuse to do so. We appreciate your patience during this time. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. 19.2-392.4. Conditional pardon (with transfer to secure mental health facility) for those serving long sentences, who suffer from serious mental illness that was an issue at the time of the crime. Richmond, VA 23219. 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. SeeVa. Code 53.1-40.02. Expungement, sealing & other record relief, A. 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. Ralph North extended an absolute pardon to Rev. 286, 476 S.E.2d 512 (Va. Ct. App. State Capitol, 3rd Floor Va. Code Ann. You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. 19.2-298.02. ContactIII. See HB 972. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. 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.See Executive Order No. 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. Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by Gov. 19.2-392.3, 19.2-392.4(A)(B). 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. 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. Office of the Secretary of the Commonwealth 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. If regaining your gun rights is important to you, make sure you make you desire known during the application process. An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. See https://www.cannabis.virginia.gov/. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. 19.2-392.8(b). Taken into [7] Having a terminal illness with a life expectancy of three months or less would qualify you for a conditional pardon. art. 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. 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. Two years later after the denial. [ 8 ] of marijuana was converted to a offense! Evidence of extraordinary circumstances the company records or conviction records expunged in the case of indigency pardons are very. 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