Governor of Virginia ApplyForPardon .com - Pardon form completion service. Id. We appreciate your patience during this time. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. 18.2-254.1, -254.2, -254.3. Id. Va. Code. 8.01-338 (2) (Persons convicted of treason or a felony disqualified from jury service); Va. Code Ann. 53.1-136(5), 53.1-231. [10] Your chance of getting a pardon largely depends on your individual circumstances. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. [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. Rights must be restored before a convicted felon can request a pardon from the Governor. 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. Va. Code Ann. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. Ralph North extended an absolute pardon to Rev. An absolute pardon goes even further than the two above. 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. [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. He had been out on parole since 2016. Charges may be dismissed but no authority exists to expunge or seal the record. 9 (S.B. Thus, you should always check with the laws of the state you move to rather than just assume that the benefits of the pardon moves with you across state lines. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. (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. 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. 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. 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. 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. Applicants are not required to disclose expunged records in response to any employment-related inquiry. Va. Code Ann. . Because the court must find facts justifying a finding of guilt, the ruling of Comm. To petition for a simple pardon the applicant must be free of all conditions set by the court for a period of ten years. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. Frequency of grantsG. 18.2-251. Tell the Governor how your conviction has negatively affected you and/or your family. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. 53.1-136(5), 53.1-231. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. 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. 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. Ann. 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. 16.1-307. It is an official statement of forgiveness from the Governor, and while it does not expunge the record, it can be a 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. Pardon policy & practiceA. 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. See discussion below of the restrictions on access imposed by the 2021 law. 9.1-910 (Removal of name and information from Registry). 53.1-231.2. An ex parte order may permit a review of the record, but may not permit a copy to be made of it. Id. The three types of pardons are absolute, conditional, and simple. There will not be a hearing, meeting, or conference on your application. In addition, it is the only type of pardon that would allow you to have your conviction expunged from your criminal record. A conditional pardon is available only to a person who is currently incarcerated. Expungement of police and court records by petition is authorized under Va. Code Ann. Provides for sealing nearly all midemeanors (ex. The pardon application form is available at. Va. Code Ann. Comm. 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. Any previous names and/or aliases you have used. 18.2-308.2(A). Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. 286, 476 S.E.2d 512 (Va. Ct. App. You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. Notably, court debt will not be a barrier to record clearance under the legislation. 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. 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. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. Expungement, sealing & other record relief, A. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. Any other names and/or aliases you have used. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. [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]. (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.. Va. Code Ann. 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. Va. Code Ann. He also granted four conditional pardons to enable the recipients to avoid deportation. You should talk to an attorney if you think any of these alternative options may be more appropriate for you. v. Dotson, supra, would appear to preclude expungement. The Parole Board consists of five members appointed by the governor to open-ended terms. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. An absolute pardon is often a ContactIII. In March 2021, Governor Ralph Northam issued an executive order pursuant to his pardon power, restoring the vote to 69,000 people who had been released from prison but had not yet completed their supervision, culminating a process of automatic expansion of the franchise by gubernatorial executive order that began in 2013.1 The history of the expansion of this automatic executive restoration program between 2013 and 2016 is traced by the Brennan Center. 1) Automatic sealing: Under the lawas amended, charges that qualify for automatic sealing include: See 19.2-392.6, 19.2-392.7, 19.392.8(a). If regaining your gun rights is important to you, make sure you make you desire known during the application process. 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. . Finally, keep in mind that the effects of a pardon can vary from one state to the next. See the section below on marijuana offenses. No more than two members are full-time. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. 19.2-392.4. AdministrationC. The statute specifies that if a court places an individual on probation under this section, it is considered a conviction for purposes of school suspension under 22.1-315. The letters should also indicate the writers contact information for verification purposes. Gallagher v. Commonwealth, 284 Va. 444, 451, 732 S.E.2d 22 (Va. 2012).6. WebA conditional pardon is an act to modify or end a sentence imposed by the court. Explain what your future plans are and how a pardon would help you. WebBobbie Morman Jr. was granted an absolute pardon by Gov. 53.1-136(5), 53.1-231. Your report should list all convictions you have ever received in Virginia. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. Va. Code Ann. 19.2-298.02(D). 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. Candice Reid, Restoration of Rights Director With one exception, all sealing authorities take effect July 1, 2025. 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. 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. Third, the companies must include the date they collected an individual record when they disseminate it. The new laws would prohibit refusal of a license based on a conviction until the board. 53.1-134. Finally, individuals or the attorney general may initiate a civil action to enforce this section of the legislation, and the companies may be forced to pay damages if they violate it. This page was last modified on July 31, 2015, at 21:46. Misdemeanor non-convictions (excluding traffic infractions) unless the Commonwealths attorney objects on one of five specific grounds. EligibilityD. 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. . 9 (S.B. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. No more than two members are full-time. The Commonwealth shall be made a party to any action under this section. 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. If you would like to apply for a simple pardon, and have satisfied the eligibility requirements indicated above, your letter to the Governor must include the minimum following information[6]: If you do not remember all of your convictions or have insufficient information about particular convictions, you may need to obtain a Virginia criminal history report for yourself. A conditional pardon, in this respect, is much like parole. The Honorable [name of current Governor] . See Va. Code. 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. Applicants are not required to disclose expunged records in response to any employment-related inquiry. Also, in most cases, federal immigration authorities cannot rely solely on a conviction that has been subject to a pardon for the purpose of deporting you from the country. 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, e.g., Report dated February 9, 2021. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. 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). 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. 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. . See Comm. 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. 1101(a)(48)(A)(i) to make him deportable. 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). 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. 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. reid@governor.virginia.gov, Jennifer Crown Va. Stat. Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. Va. Code Ann. Remember that you must show you have been a good citizen in order to get a simple pardon. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. 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. For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. 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. 550, cl. v. Dotson, supra. Mary Wood Eric Weakley, a member of the so-called Culpeper Three and a client of the Innocence Project at the University of Virginia School of Law, has received See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. [6] For a felony conviction, you must have applied for and been granted a Restoration of Rights before applying for a simple pardon. In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. (See https://www.cannabis.virginia.gov/.). The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. 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. Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by Gov. This applies also to persons convicted of federal offenses in another state. 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. Otherwise, it shall deny the petition. If, after such hearing, the court is satisfied that such person no longer poses a risk to public safety, the court shall grant the petition. In the event the petition is not granted, the person shall wait at least 24 months from the date of the denial to file a new petition for removal from the Registry. 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. Webpardon. [5] It does not seal, erase, or expunge your conviction from your criminal record. 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. If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. Criminal record in employment & licensingA. 53.1-136; Va. Stat. These records will be automatically sealed in the Virginia State Police systems on July 1, 2021. 18.2-308.09. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. 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. . 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