[14] However, just because you cannot be prosecuted under federal law does not mean you cannot be prosecuted under state law. 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. 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. 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. You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. 1406). His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. 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. [10] Your chance of getting a pardon largely depends on your individual circumstances. However, a board shall have the authority to refuse a license . A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. Finally, pardons are granted very sparingly in Virginia. [13] Nevertheless, a pardon isnt necessarily the only way to get your gun rights restored. Third, the companies must include the date they collected an individual record when they disseminate it. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. 53.1-135. Secretary of the Commonwealth, Simple Pardons. See the section below on marijuana offenses. Explain what your future plans are and how a pardon would help you. 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. 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. Charges may be dismissed but no authority exists to expunge or seal the record. . 16.1-307. Va. Code Ann. 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. Police records for marijuana possession of one ounce or less will take effect July 1, 2021. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. Notice of restoration procedure by corrections director. 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.). 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. Other than the benefits noted above, the law is unclear what other effects a pardon actually has. Expungement, sealing & other record relief, A. Assure the Governor that you will not revert to criminal activity after you are released, but instead will be a productive member of society. 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. 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. Remember that you must show you have been a good citizen in order to get a simple pardon. [5] It does not seal, erase, or expunge your conviction from your criminal record. [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. You can find out more about Restoration of Rights from the Secretary of the Commonwealths website: http://commonwealth.virginia.gov/judicial-system/restoration-of-rights/. Sex offender registryH. See alsoPart I-A, supra. You should provide other relevant information that you wish the Governor to consider. If the Governor denies your application, you can reapply two years later after the denial.[8]. [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. Loss & restoration of civil/firearms rights, IV. 19.2-298.02. See Comm. Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, 18.2-250.1. (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. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. 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). D. Vacatur for victims of human trafficking. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. Recall we stated in Part B that you must have applied for a Restoration of Rights before you can apply for a simple pardon (you do not need to do the same with a conditional pardon or an absolute pardon). 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. 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 a felony lose firearms rights, as do those adjudicated delinquent at age 14 or older of murder, kidnapping, robbery with a firearm, or rape. Loss & restoration of civil/firearms rightsA. In order to be considered for immigration [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. 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. Va. Code. Restoration of Rights is basically another type of clemency that is offered in Virginia. You should talk to an attorney if you think any of these alternative options may be more appropriate for you. See 2021 Virginia Laws Ch. 53.1-231.2, described below. 18.2-308.2(A). 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). Juvenile recordsG. 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. An explanation as to why you should be granted an absolute pardon. The FBIs website also has a list of local FBI offices you can call. [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]. See http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf.8. See 2021 Virginia Laws Ch. V, 12. Va. Code Ann. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. 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. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. Ann. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. For each conviction (misdemeanor or felony) you have ever received, list: The sentence you received, or otherwise the outcome of the case. 19.2-392.2(J), or those which were the subject of an absolute pardon (for innocence), see 19.2-392.2 (I). The new laws would prohibit refusal of a license based on a conviction until the board. Enter your information and get a neat and clean looking form sent to you. Va. Code Ann. If you have convictions in other states, you may need to obtain a more comprehensive, nationwide criminal report from the Federal Bureau of Investigation. 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 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. [5] It is primarily used by an inmate who wants to be released from prison early (in this sense, it is similar to parole). . Court-appointed legal assistance: Individuals who cannot afford an attorney for help with the petition-based sealing process can request one. 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). 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.); 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. Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. 9 (S.B. 53.1-134. The legislation also removes the requirement that individuals seeking record clearance go to a law enforcement agency to get fingerprinted as part of the petition process, and the petitioner does not have to produce their criminal record. Interested persons are invited to contact the Secretarys office by email (pardons@governor.virginia.gov) or by phone (804-692-2542.) 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. 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. FirearmsII. Ralph Northam on Wednesday. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. See Comm. ApplyForPardon .com - Pardon form completion service. See HB 972. 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. 18.2-308.09. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. 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