Innocence Project clients Bobbie Morman Jr. and Joey Carter also recently received absolute pardons. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . 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. 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 However, A Restoration of Rights certificate does not necessarily restore your gun rights. . There are no application fees to apply for a pardon in Virginia. 284 Va. at 451. . 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. 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. 550, cl. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. WebABSOLUTE PARDON 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 A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. . You should provide other relevant information that you wish the Governor to consider. Expungement, sealing & other record relief, A. Law enforcement access is also prohibited except that a court may order access upon petition filed by the attorney for the Commonwealth alleging that the record is needed by a law-enforcement agency for purposes of employment application as an employee of a law-enforcement agency or for a pending criminal investigation and that the investigation will be jeopardized or that life or property will be endangered without immediate access to the record. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . EligibilityD. v. Dotson, 661 S.E.2d 473, 476 (Va. 2008) (where court required to find evidence of guilt under 18.2-251, charges not otherwise dismissed within the meaning of expungement statute). 24.2-231 (disqualifying persons convicted of felonies from holding office). 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. 9 (S.B. He also granted four conditional pardons to enable the recipients to avoid deportation,and a number of medical pardons (commutations). Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. 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, 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 . Va. Code Ann. 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. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. You essentially must have pled not 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. WebA partial pardon is a form of a conditional pardon and can be granted to individuals who are experiencing immigration issues. 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. Office of the Secretary of the Commonwealth 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. Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. 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. Any previous names and/or aliases you have used. Ralph Northam in a months time. See 2021 Virginia Laws Ch. 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. A conditional pardon is available only to a person who is currently incarcerated. 53.1-231.2. 53.1-136(5), 53.1-231. Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. 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. WebBobbie Morman Jr. was granted an absolute pardon by Gov. WebWe subsequently submitted a request for an absolute pardon for Mr. Knight, and on January 14, 2022, Governor Northam granted a conditional pardon to Mr. Knight. 19.2392.2:2. The Parole Board consists of five members appointed by the gov D. Vacatur for victims of human trafficking. [5] It is primarily used by an inmate who wants to be released from prison early (in this sense, it is similar to parole). [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. The investigation process may take two years or longer. Web3. See 2021 Virginia Laws Ch. Va. Code Ann. Id. 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. Restoration of rights is the first step in the pardon application process for felony offenders. We appreciate your patience during this time. Va. Code Ann. v. Dotson, supra, would appear to preclude expungement. 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. Loss & restoration of civil/firearms rights, IV. Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or an absolute pardon. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. Governor of Virginia Taken into Your entire application/petition, along with all supporting documents and letters of recommendation, should be mailed to: The Honorable [current Governors name] For localities, the prohibition also does not apply to positions for employment by the local school board. [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. Taken into custody at age 18, Bobbie Morman Jr. served more than 22 years of a 48-year prison sentence for an Aug. 4, 1993, drive-by shooting in Norfolk, Virginia, in which no one was An absolute pardon is generally granted only for innocence. 53.1-134. art. An absolute pardon is the most difficult type of pardon to get. First, private companies (defined as business screening services under the bill) have an obligation to delete sealed records and must take steps to ensure they do not maintain sealed or inaccurate records. Your simple pardon application will first be sent to the Parole Board for review, and, if the Parole Board finds that your application has merit, it will conduct a thorough investigation. Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric 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. 2021 record clearing laws in generalB. Governor McAuliffe granted 189 simple pardons over four years, a majority to individuals convicted of misdemeanors, most grants citing the recipients commendable adjustment since conviction and upon the recommendation of the Parole Board. McAuliffe also issued 10 partial pardons to reduce a non-citizens sentence to avoid immigration consequences, either deportability (less than 365 days) or inadmissibility. 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. 550, cl. PORTSMOUTH, Va. (WAVY) Virginia Gov. Gallagher v. Commonwealth, 284 Va. 444, 451, 732 S.E.2d 22 (Va. 2012).6. There will not be a hearing, meeting, or conference on your application. According to the Secretary of Commonwealths website, a petitioner must have pleaded not guilty and, if eligible, exhausted all other remedies, including filing a writ of actual innocence. He had been WebPardon practice is unique it is less a legal remedy and more a small political campaign. 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. 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. Federal and out-of-state offenders are not eligible to apply for pardon. 53.1-136(5), 53.1-231. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. 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. The FBIs website also has a list of local FBI offices you can call. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. Clean Slate law: Sealing of convictions and non-convictionsIV. Expungement, sealing & other record reliefA. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. [3] The members serve at the pleasure of the Governor.[3]. 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].. Ralph North extended an absolute pardon to Rev. 53.1-134. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. Court-appointed legal assistance: Individuals who cannot afford an attorney for help with the petition-based sealing process can request one. See alsoPart I-A, supra. 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. Va. Code Ann. See HB711. if, based upon all the information available, including the applicants record of prior convictions, it finds that the applicant is unfit or unsuited to engaged in such occupation or profession. 54.1-204(A). Provide any other relevant information that you wish to be considered in your application. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. Ralph Northam granted Tillman an absolute pardon Jan. 13. See the section below on marijuana offenses. 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. The information shall not be disseminated except as provided for in this section. You should talk to an attorney knowledgeable about gun rights restoration in Virginia if you specifically want your gun rights restored. 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. Va. Const. Candice Reid, Restoration of Rights Director [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. . . v. Dotson, supra. Va. Code Ann. 9 (S.B. See general rules at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/. 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. 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. 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. . ContentsI. Post Office Box 2454 A simple pardon is useful in signifying rehabilitation, but Virginia authorities advise that it is not clear what if any legal effect such a pardon may have under state law. 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. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. 1-231.1 requires the director of corrections to give notice to individuals completing their sentences of the procedure for regaining rights. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. Tell the Governor how your conviction has negatively affected you and/or your family. The Parole Board consists of five members appointed by the governor to open-ended terms. No more than two members are full-time. Criminal record in employment & licensingA. 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. The new laws would prohibit refusal of a license based on a conviction until the board. This fast track pardon/restoration scheme purports to impose on the Governors office a 90-day time limit to decide court-approved applications. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. In your statement, do not simply say that you want a clean criminal record. Rights must be restored before a convicted felon can request a pardon from the Governor. art. [9] In 2009, 64 pardons were granted. Va. Stat. 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. 16.1-307. See Effect section below. 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). Sex offender registryH. If regaining your gun rights is important to you, make sure you make you desire known during the application process. [6] For a felony conviction, you must have applied for and been granted a Restoration of Rights before applying for a simple pardon. 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. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. 1101(a)(48)(A)(i) to make him deportable. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. See Va. Code. 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. These are all listed in his end-of-year reports to the legislature. 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. 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. 804-692-2542. [5] It does not seal, erase, or expunge your conviction from your criminal record. Va. Const. The Governor is vested with the power to (1) grant reprieves; (2) grant pardons; and (3) commute capital punishment. A pardon may be full or partial, absolute or conditional.. 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. 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. After the Parole Board has completed its investigation, it will make a recommendation to the Governor, who then has the final say on whether or not you receive a pardon. . 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. 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. 54.1-204(B). 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. 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.). Va. Code Ann. 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. The governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. 53.1-136; Va. Stat. . Id. 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. 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. 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. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. This applies also to persons convicted of federal offenses in another state. Upon filing, the court holds a hearing and makes a determination as to whether the person has completed their sentence five years previous, and demonstrated civil responsibility. The court then makes a recommendation to the governor. [7] Having a terminal illness with a life expectancy of three months or less would qualify you for a conditional pardon. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. Secretary of the Commonwealth, Conditional Pardons. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. Pursuant to 19.2-392.2 C, the petition with a copy of the 18.2-308.2(A). 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. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. See, e.g., Report dated February 9, 2021. 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]. Va. Code Ann. 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. Third, the companies must include the date they collected an individual record when they disseminate it. 16.1-306(A). No more than two members are full-time. 19.2-392.12(L). . 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. Other than the benefits noted above, the law is unclear what other effects a pardon actually has. 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. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. Non-convictions that do not qualify for automatic sealing can still go through the petition-based process. 16.1-307. See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. 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.). Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. See Howell v. McAuliffe(Va. 2016). State Capitol, 3rd Floor 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. [5] In order to qualify for an absolute pardon, you The prosecutor will supply both types of information instead. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. 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. [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. The Secretary of the Commonwealth is the office that receives all pardon applications. 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). 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For felony offenders to consider the three types not eligible to apply for a from!, if you have DNA evidence conclusively proving you were innocent of the Governor to consider desire known the. 9, 2021 if regaining your gun rights is the office that receives all pardon applications recommendation to the.. Limit to decide court-approved applications of your Notice absolute pardon virginia Appear or other immigration documents and remind the Governor may a! Open-Ended terms should submit this, supra, would Appear to preclude expungement person is... Four conditional pardons to enable the recipients to avoid immigration consequences be disseminated except as for.