Candice Reid, Restoration of Rights Director, Office of the Secretary of the Commonwealth, III. 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. You can also do an online request on its website at http://www.vsp.state.va.us/. Submit any proof you may have (such as denial letters) to support your claims. 19.2-392.4. 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. See Effect section below. Furthermore, you must have pleaded not guilty throughout the case, and you must have exhausted all of your judicial alternatives and other remedies (including asking the court for a Writ of Actual Innocencesee Part B). 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. Expungement, sealing & other record relief, A. A conditional pardon is available only to a person who is currently incarcerated. There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. 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. The three types of pardons are absolute, conditional, and simple. [7] Having a terminal illness with a life expectancy of three months or less would qualify you for a conditional pardon. Because the focus of this site is on pardons, we do not discuss reprieves, commutations, parole, remission of fines and forfeitures, or other types of clemency that may be available in Virginia here. . Loss & restoration of civil/firearms rightsA. 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. Secretary of the Commonwealth, Conditional Pardons. Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. 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. 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. The new laws would prohibit refusal of a license based on a conviction until the board. 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. [5] You must also have been released from your sentence for at least five years before you can apply for a simple pardon. V, 12; 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. 18.2-308.2(A). Persons convicted in other jurisdictions while residing in Virginia (including federal offenders), or who moved to Virginia before their rights were restored in the jurisdiction of conviction, may apply to the Governor for restoration under his constitutional pardon power. Va. Code Ann. . See also Crespo v. Holder, 631 F.3d 130 (4th Cir. Provide any other relevant information that you wish to be considered in your application. 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 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. 286, 476 S.E.2d 512 (Va. Ct. App. AdministrationC. 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. Non-convictions that do not qualify for automatic sealing can still go through the petition-based process. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. You should talk to an attorney knowledgeable about gun rights restoration in Virginia if you specifically want your gun rights restored. There will not be a hearing, meeting, or conference on your application. [8] The Governor will simply have the Parole Board review your application, conduct an investigation, and then make a recommendation to him or her. The location where you are confined/incarcerated. Post Office Box 2454 State Capitol, 3rd Floor Cf. Although you may feel the need to explain the facts of the crime from your perspective, avoid trying to make excessive excuses for your crime and arguing away your guilt. An explanation of the clemency system can be found at. 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. FirearmsII. See discussion below of the restrictions on access imposed by the 2021 law. 53.1-231.2. Remember to find out who the current Governor is at the time you apply, so that you address the Governor by his or her correct name. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. art. 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. [12] You should talk to an attorney knowledgeable about record expungements to help you with this process. Civil rightsB. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. Also indicate on your personal statement all the positive things that have occurred in your lifefor example, educational achievements, new or stable employment, marriage and children, community involvement, charitable services or donations, law-abiding behavior, etc. 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. Va. Code Ann. 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. 53.1-231.2, described below. 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. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. If you would like to apply for a conditional pardon, and you are an inmate at a prison facility, you, your family member, or your attorney must provide the following information in a letter addressed to the Governor[7]: Refer to the previous section on Simple Pardons to find out how to obtain your criminal records and suggestions on what to include in your letter to the Governor. Non-conviction recordsF. These are all listed in his end-of-year reports to the legislature. . No more than two members are full-time. 53.1-231. 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. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. Notably, court debt will not be a barrier to record clearance under the legislation. 19.2-392.4. A detailed statement of the facts/circumstances of the offense. Naturally, the older and less serious your conviction, and the more compelling your life story, the higher your chance of getting a pardon. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. See https://www.cannabis.virginia.gov/. 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. 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. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. The Governor can only grant a pardon for a Virginia conviction. 19.2-392.3. 2022 modifications of the licensing law: In 2022, two identical laws were enacted that, if reenacted in 2023, will 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.in 2023, will expand on the language in 54.1-204(A) that relates to a finding of direct relationship both substantively and procedurally. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. These records will be automatically sealed in the Virginia State Police systems on July 1, 2021. . Ralph Northam on Wednesday. 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. 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. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. 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. [9] Receiving a Restoration of Rights would definitely restore your rights to vote, to hold public office, to serve on a jury, and to serve as a notary public.[9]. He had been 1406). The Parole Board consists of five members appointed by the gov (See https://www.cannabis.virginia.gov/.). Pursuant to 19.2-392.2 C, the petition with a copy of the PORTSMOUTH, Va. (WAVY) Virginia Gov. 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. You should also list any positive things that you have done while in prison. 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].. v. Dotson, supra. art. 19.2-303.2. 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. Governor of Virginia In order to get a conditional pardon, you will need to show substantial evidence of extraordinary circumstances to warrant the Governor to grant you the pardon. An absolute pardon is generally granted only for innocence. Conditional pardons are rare as the Governor does not typically substitute their judgment [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. The FBIs website also has a list of local FBI offices you can call. 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.). 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. SeeVa. Code 53.1-40.02. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. You can find out more about the Restoration of Rights process and access the application forms on the Secretary of the Commonwealths website: http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/restoration.cfm. Va. Code Ann. 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. The Innocence Project gives law students hands-on Criminal record in employment & licensingA. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. He also issued a number of conditional pardons (commutations). 9 (S.B. 18.2-251. 19.2-392.2(I). Expungement of police and court records by petition is authorized under Va. Code Ann. Ralph North extended an absolute pardon to Rev. See Comm. Innocence Project clients Bobbie Morman Jr. and Joey Carter also recently received absolute pardons. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. 41 (McAuliffe). Restoration of rights is the first step in the pardon application process for felony offenders. Applicants are not required to disclose expunged records in response to any employment-related inquiry. 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. An absolute pardon is often a . 53.1-134. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. 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. 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