See Comm. There will not be a hearing, meeting, or conference on your application. If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. [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]. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. . A conditional pardon, in this respect, is much like parole. He also issued a number of conditional pardons (commutations). There are no application fees to apply for a pardon in Virginia. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. Candice Reid, Restoration of Rights Director, Office of the Secretary of the Commonwealth, III. See the section below on marijuana offenses. D. Vacatur for victims of human trafficking. 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. 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. [6] For a felony conviction, you must have applied for and been granted a Restoration of Rights before applying for a simple pardon. Va. Code Ann. art. Ann. Pardon policy & practiceA. The location where you are confined/incarcerated. If the measure fails again in 2023, the amendment process would have to start over. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. 53.1-136(5), 53.1-231. 19.2-298.02. . 19.2392.2:2. See Va. Code Ann. Notably, court debt will not be a barrier to record clearance under the legislation. (See https://www.cannabis.virginia.gov/.) Va. Code Ann. 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 This authority is available even if the accused had a previous conviction, deferred disposition, or juvenile adjudication, unless a deferred disposition would be inconsistent with the interests of justice. Id. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. Taken Tell the Governor how your conviction has negatively affected you and/or your family. 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. 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. Also, although not required, we suggest that you submit a few letters of recommendation from credible people (such as your boss) who know you well and can say good things about you. Sex offender registryH. 19.2-303.6. With enactment of HB 2113 and SB 1406, Virginia gained one of the more progressive record relief systems in the country, with a mixture of automatic and petition-based sealing, both for convictions generally and marijuana offenses specifically. Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by Gov. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. Crespo v. Holder, supra, where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. We respectfully disagree, the majority justices wrote. Provide any other relevant information that you wish to be considered in your application. In determining whether a criminal conviction directly relates to an occupation or profession, the regulatory board shall consider the following criteria: If an applicant is denied a registration, license or certificate because of the information appearing in his criminal history record, the regulatory board or department shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. 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. Va. Const. . Other than the benefits noted above, the law is unclear what other effects a pardon actually has. [8] The Governor will simply have the Parole Board review your application, conduct an investigation, and then make a recommendation to him or her. 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 . Webpardon. Persons required to register, other than a person who has been convicted of any sexually violent offense, two or more offenses for which registration is required, or murder, may petition the circuit court in which he was convicted or the circuit court in the jurisdiction where he then resides for removal of his name and all identifying information from the Registry. Minimum waiting period is 15 years, and for some offenses it is 25 years. Va. Code Ann. 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. 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. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. An explanation of the clemency system can be found at. [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. WebA partial pardon is a form of a conditional pardon and can be granted to individuals who are experiencing immigration issues. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. See discussion below of the restrictions on access imposed by the 2021 law. Expungement, sealing & other record relief, A. 2021 record clearing laws in generalB. You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the Web3. [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. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. Restoration of Rights is basically another type of clemency that is offered in Virginia. [9] If you want a pardon for a federal conviction, you must do that through the United States Department of Justice, Office of the Pardon Attorney (see our page on this site on federal pardons). Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. For localities, the prohibition also does not apply to positions for employment by the local school board. 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/. Automatic and petition-based expungement of marijuana records: SB1406 further provides that by July 1, 2025, all records of arrests, charges, and convictions for simple marijuana possession, including court records, will be automatically expunged, 19.2392.2:1, and that misdemeanor sale of marijuana paraphernalia will be eligible for a petition-based expungement process. 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. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation.9 He also granted a number of absolute pardons (for innocence), conditional pardons (sentence commutations), and medical pardons (terminally ill prisoners). For each conviction (misdemeanor or felony) you have ever received, list: The sentence you received, or otherwise the outcome of the case. 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. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. WebTYPE OF PARDON REQUESTED . 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). This could be beneficial when you apply for a job, housing, a business or occupational license; employers, landlords, and licensing agencies are probably much less likely to consider a conviction which they know has been pardoned. Any previous names and/or aliases you have used. The order directed further that state employment decisions will not be based on the criminal history of an individual unless demonstrably job-related and consistent with business necessity, or state or federal law prohibits hiring an individual with certain convictions for a particular position. A background check would be conducted only after a candidate has signed a waiver, has been found otherwise eligible for the position, and is being considered for a specific position.. 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). There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. 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. Ralph Northam granted Tillman an absolute pardon Jan. 13. [7] Having a terminal illness with a life expectancy of three months or less would qualify you for a conditional pardon. Governor of Virginia Va. Code Ann. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. . 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. If your reason for applying is to avoid deportation (yes, you can be placed in deportation proceedings even while you are being incarcerated), explain to the Governor how being separated from your family would be devastating for both you and them. Candice Reid, Restoration of Rights Director Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. 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). See 2021 Virginia Laws Ch. 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. . With one exception, all sealing authorities take effect July 1, 2025. Occupational licensing. 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