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 Explain what your future plans are and how a pardon would help you. You essentially must have pled not 9 (S.B. This is a change from the existing expungement law, which was. Occupational licensing. [7] Of course, this is not the only extraordinary circumstance that would qualify you for a conditional pardon. 53.1-136(5), 53.1-231. His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. 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. 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.. Ann. 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. 18.2-308.09. Va. Code Ann. 550, cl. Submit any proof you may have (such as denial letters) to support your claims. 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. 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.See Executive Order No. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. 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. [5] As the name suggests, there are conditions attached to the pardon, which if you violate could cause your pardon to be revoked and you to be thrown back in prison.[5]. 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). Frequency of grantsG. 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. WebAn absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. 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. 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). . 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. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. Ann. 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. V, 12; The legislature has authorized the Parole Board, at the request of the governor, to investigate and make recommendations on pardon cases, but this does not limit the governors power. Loss & restoration of civil/firearms rights, IV. 41 (McAuliffe). Taken 18.2-308.2(A). The bill takes several steps to alleviate this problem. Applicants are not required to disclose expunged records in response to any employment-related inquiry. If the measure fails again in 2023, the amendment process would have to start over. Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. 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. 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). 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. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. [6] The Parole Boards investigation can take up to a year to complete. 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. The Parole Board consists of five members appointed by the governor to open-ended terms. art. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. In the event of dismissal, expungement may follow if the prosecutor agrees: Upon agreement of all parties, a charge that is dismissed pursuant to this section may be considered as otherwise dismissed for purposes of expungement of police and court records in accordance with 19.2392.2, and such agreement of all parties and expungement eligibility shall be indicated in the final disposition order. Gov. You should also list any positive things that you have done while in prison. 9 (S.B. 550, cl. Rights must be restored before a convicted felon can request a pardon from the Governor. If you have convictions in other states, you may need to obtain a more comprehensive, nationwide criminal report from the Federal Bureau of Investigation. Expungement of police and court records by petition is authorized under Va. Code Ann. 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). The governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. 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. 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. One must be a representative of a victims group. 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. Fortunately, states tend and honor each others pardons. Conditional pardons are rare as the Governor does not typically substitute their judgment 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., anguage governing a boards determination of direct relationship that are intended to limit a boards ability to reject applicants based on their conviction.in 2023, will expand on the language in 54.1-204(A) that relates to a finding of direct relationship both substantively and procedurally. IMPLES ONDITIONALC The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. See alsoPart I-A, supra. There are no application fees to apply for a pardon in Virginia. 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. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. [5] It is primarily used by an inmate who wants to be released from prison early (in this sense, it is similar to parole). Va. Code Ann. Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or an absolute pardon. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. 53.1-231.2, described below. Innocence Project clients Bobbie Morman Jr. and Joey Carter also recently received absolute pardons. See Va. Code Ann. . 54.1-204 (Prior convictions not to abridge rights). ContentsI. 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. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. The website of the Office of the Secretary of the Commonwealth indicates that If any felony was involved, you MUST have been granted your Restoration of Rights before appealing for the pardon. There is a five-year eligibility waiting period, which runs from date sentence is completed (including any probation, suspended time, or good behavior time).5 If a pardon application is denied, an applicant may reapply after two years. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. 1101(a)(48)(A)(i) to make him deportable since there was no concession or finding of guilt). Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. These records will be automatically sealed in the Virginia State Police systems on July 1, 2021. 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. Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, 18.2-250.1. 53.1-231.2. Introduces a system of court-appointed counsel for individuals who cannot afford an attorney for the petition-based sealing process. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. Id. Va. Stat. Federal and out-of-state offenders are not eligible to apply for pardon. However you feel about the crime, you have already been found guilty. Web3. 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. If regaining your gun rights is important to you, make sure you make you desire known during the application process. ContactIII. Sex offender registryH. Pardon policy & practiceA. 19.2-393.13(C)(xi). . The Innocence Project gives law students hands-on 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. . 53.1-136; Va. Stat. SB5033. Expungement of police and court records by petition is authorized under Va. Code Ann. Richmond, Virginia 23218-2454 Cf. If immigration is not an issue for you, this benefit is obviously irrelevant. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. D. Vacatur for victims of human trafficking. art. Otherwise, it shall deny the petition. [5] An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. 19.2-392.4. WebBobbie Morman Jr. was granted an absolute pardon by Gov. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. Beginning in 2013, and escalating with a series of executive orders in 2016, successive governors of Virginia have loosened restrictions on the right to vote. An absolute pardon goes even further than the two above. However, an exception to the rule exists if you receive an absolute pardon. 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. The court, in a 4-to-3 decision, disputed the governors assertion that his clemency power was absolute under the states Constitution. Comm. Conditional pardon (with transfer to secure mental health facility) for those serving long sentences, who suffer from serious mental illness that was an issue at the time of the crime. Assure the Governor that you will not revert to criminal activity after you are released, but instead will be a productive member of society. 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. 19.2-298.02(D). You should talk to an attorney knowledgeable about gun rights restoration in Virginia if you specifically want your gun rights restored. v. Dotson, supra, would appear to preclude expungement. 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. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. 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. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. Expungement, sealing & other record reliefA. Additional provisions of SB1406 proposing to repeal a statute providing penalties for distribution and possession with intent to distribute marijuana, and authorizing automatic expungement of misdemeanor possession with intent to distribute marijuana and petition-based expungement of felony marijuana offenses, will not take effect because they were not reenacted in 2022, as required by the legalization law. 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. See 2021 Virginia Laws Ch. After several years of investigation and advocacy by the Innocence Project at the University of Virginia School of Law, client Lamar Barnes was released from prison [5] It does not seal, erase, or expunge your conviction from your criminal record. In February 2021, a proposal to amend the state constitution was approved by the legislature that, if approved a second time by the next legislature and by a referendum, will disenfranchise only people who are sentenced to a prison term and will restore their right to vote upon release from prison. 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. See Comm. See https://www.cannabis.virginia.gov/. 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. [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. Deferred dispositionsC. If any felonies were involved, the applicant must 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. The website of the Secretary of the Commonwealth explains that. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. 19.2-392.3, 19.2-392.4(A)(B). 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. The new laws would prohibit refusal of a license based on a conviction until the board. 53.1-134. Va. Code Ann. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. 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. See Farnsworth v. Commonwealth, 599 S.E.2d 482 (2004), affd, 270 Va. 1, 613 S.E.2d 459 (2005).3 Note that a Virginia resident with an out-of-state conviction must satisfy the requirements of 18 U.S. C. 921(a)(20) relating to record relief in the jurisdiction of conviction in order to avoid the bar in federal firearms law. 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. 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. He had been out on parole since 2016. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. 16.1-307. Expungement, sealing & other record relief, A. [2] The Parole Board is made up of five members who are appointed by the Governor and confirmed by the General Assembly. See general rules at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/. Restoration of Rights is basically another type of clemency that is offered in Virginia. 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/. See Part I-A,supra. 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. 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. Taken into Alternatively, you can contact the criminal history record repository (which keeps a record of all criminal activity in a state) in each state where you have arrests/convictions. 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. Va. Code Ann. Provides for sealing nearly all midemeanors (ex. 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. Because the court must find facts justifying a finding of guilt, the ruling of Comm. SeeVA HB282 and SB409. 24.2-231 (disqualifying persons convicted of felonies from holding office). You must have been innocent of the crime of which you were unjustly convicted. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. The pardon application form is available at. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. 19.2-392.2(I). Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. Have witnesses who can prove your innocence write letters explaining their version of the events. 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. It does not restore firearms rights. 19.2-392.8(b). Clean Slate law: Sealing of convictions and non-convictionsIV. [3] The members serve at the pleasure of the Governor.[3]. [9] However, there is a 3-year waiting period before you can apply (that is, 3 years after you completed your sentence) if your conviction was a nonviolent offense, and a 5-year waiting period for violent and drug offenses (other than simple possession). 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. The new laws would prohibit refusal of a destroyed record, and for offenses! ) to support your claims pardon from the Secretary of the Secretary of the original charge or. Virginia School of absolute pardon virginia was granted an absolute pardon goes even further than the two above things. 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