18.2-251. 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. 19.2-392.12(L). As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. 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/. Richmond, Virginia 23218-2454 9.1-910 (Removal of name and information from Registry). http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html. 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). See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. 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 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. 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. A pardon, on the other hand, does restore your gun rights if you ever lost them due to a conviction, unless the pardon specifically says otherwise. Va. Code Ann. A conditional pardon, in this respect, is much like parole. Va. Code. Applicants are not required to disclose expunged records in response to any employment-related inquiry. Applicants are not required to disclose expunged records in response to any employment-related inquiry. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. The three types of pardons are absolute, conditional, and simple. Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. Post Office Box 2454 D. Vacatur for victims of human trafficking. He also granted four conditional pardons to enable the recipients to avoid deportation. . Id. (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. 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. Court debt no barrier: Notably, court debt will not be a barrier to record clearance under the legislation (a provision requiring payment was omitted in the final bill) and court clerks will continue to have access to records for the purpose of collecting court debt owed by individuals after their record has been sealed. Pursuant to 19.2-392.2 C, the petition with a copy of the 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. The governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. Cf. As advocates warned during the 2020 special session, these records can continue to appear on private background checks long after the public records have been sealed or expunged. [7] Of course, this is not the only extraordinary circumstance that would qualify you for a conditional pardon. Va. Const. Public access to records of past arrests, charges, and convictions for marijuana possession in the central repository was automatically limited, 19.2-389.3, employers and educational institutions were prohibited from inquiring about them, and state and local officials may not requiring an applicant for a license, permit, registration, or governmental service to disclose information about them. Ralph Northam granted Tillman an absolute pardon Jan. 13. 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. Va. Code Ann. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. Va. Code Ann. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. There will be conditions attached to the pardon (hence the name), which if you violate can cause your pardon to be revoked and you to be thrown back in prison.[11]. A detailed statement of the facts/circumstances of the offense. ProcessF. See Part II, infra. 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. 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. WebAn absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. 19.2-303.6. Va. Stat. Circuit Court . 9 (S.B. 19.2-392.16. v. Dotson, supra. 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. Have witnesses who can prove your innocence write letters explaining their version of the events. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. He had been 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. The pardon application form is available at. See the section below on marijuana offenses. 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. [5] In order to qualify for an absolute pardon, you AuthorityB. WebPardon practice is unique it is less a legal remedy and more a small political campaign. 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). Any other names and/or aliases you have used. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . 53.1-231.2. See Comm. Misdemeanor non-convictions (excluding traffic infractions) unless the Commonwealths attorney objects on one of five specific grounds. [8] In most cases you must have tried to get a Writ of Actual Innocence before you can ask for an absolute pardon from the Governor.[8]. The Secretary of the Commonwealth is the office that receives all pardon applications. Explain what your future plans are and how a pardon would help you. The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. 54.1-204(B). 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. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. Restoration of rights is the first step in the pardon application process for felony offenders. Expungement of police and court records by petition is authorized under Va. Code Ann. Office of the Secretary of the Commonwealth EligibilityD. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. 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. 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] 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. 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. An explanation of the clemency system can be found at. See Comm. . A simple pardon is the most common form of pardon in Virginia. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. Submit any proof you may have (such as denial letters) to support your claims. [13] Nevertheless, a pardon isnt necessarily the only way to get your gun rights restored. 53.1-231.2, described below. There are no application fees to apply for a pardon in Virginia. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. The new laws would prohibit refusal of a license based on a conviction until the board. See 19.2-327.15 et seq. That said, a board may review records in which a sentence was suspended, and pleas of nolo contendere. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. It does not restore firearms rights. He also granted four conditional pardons to enable the recipients to avoid deportation,and a number of medical pardons (commutations). 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. Marijuana offenses D. Vacatur for victims of human traffickingE. This fast track pardon/restoration scheme purports to impose on the Governors office a 90-day time limit to decide court-approved applications. Notably, court debt will not be a barrier to record clearance under the legislation. Allows for sealing of felony acquittals and dismissals at disposition with the consent of the prosecuting 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. Fortunately, states tend and honor each others pardons. 19.2-392.8(b). Ann. [6] Getting a simple pardon can be beneficial in terms of removing some of the stigma of conviction, advancing your educational and employment prospects, and improving your self-esteem.[5]. Notice of restoration procedure by corrections director. If you would like to apply for an absolute pardon, and have met the eligibility requirements indicated in Part B, your letter to the Governor must contain the following information[8]: Refer to the above section on Simple Pardons for information about how to obtain your criminal records and suggestions about what to include in your letter to the Governor. IMPLES ONDITIONALC 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. The Sentencing Project, Virginia, Margaret Colgate Love, See, e.g., Wilborn v. Saunders, 195 S.E. 284 Va. at 451. 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. Va. Code Ann. You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. 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]. 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. 24.2-231 (disqualifying persons convicted of felonies from holding office). Ralph Northam granted an absolute pardon to a client of the Innocence Project at the University of Virginia School of Law on Wednesday. reid@governor.virginia.gov, Jennifer Crown 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. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. 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. 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. Remember that you must show you have been a good citizen in order to get a simple pardon. 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