The information shall not be disseminated except as provided for in this section. Other than the benefits noted above, the law is unclear what other effects a pardon actually has. Expungement, sealing & other record relief, A. It not only relieves you of any further punishment for the conviction, it basically declares you innocent of the crime, and treats you as though you were never convicted. 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. 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. 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. It does not restore firearms rights. 1406). 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). His successor, Gov. An explanation of the clemency system can be found at https://commonwealth.virginia.gov/judicial-system. . An explanation of the clemency system can be found at. The Honorable [name of current Governor] An explanation as to why you should be granted an absolute pardon. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. Public access to records of past arrests, charges, and convictions for marijuana possession in the central repository was automatically limited, 19.2-389.3, employers and educational institutions were prohibited from inquiring about them, and state and local officials may not requiring an applicant for a license, permit, registration, or governmental service to disclose information about them. 2021 record clearing laws in general. See Howell v. McAuliffe(Va. 2016). 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. Circuit Court . 53.1-134. Keep a copy of everything you send for your records. 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). You can find out how to do this by calling the FBIs headquarters in Washington, D.C., at (202) 324-3000, or logging onto its website at http://www.fbi.gov. 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. Pardon policy & practiceA. See Va. Code Ann. . Va. Code Ann. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. Non-conviction recordsF. 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. Pardon Specialist 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. 53.1-134. 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. Misdemeanor non-convictions (excluding traffic infractions) unless the Commonwealths attorney objects on one of five specific grounds. Regulation of private background screeners: The other major component of the bill addresses the regulation of private companies that buy and sell individuals criminal records. 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 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. 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. It is an official statement of forgiveness from the Governor, and while it does not expunge the record, it can be a Notably, court debt will not be a barrier to record clearance under the legislation. . 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. . See Va. Code Ann. 19.2392.2:2. 1101(a)(48)(A)(i) to make him deportable since there was no concession or finding of guilt). A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of 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. 53.1-136(5), 53.1-231. 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. Ralph North extended an absolute pardon to Rev. Civil rightsB. WebA partial pardon is a form of a conditional pardon and can be granted to individuals who are experiencing immigration issues. In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. 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. See Comm. In Virginia, the governor may grant simple pardons for forgiveness of crimes, an absolute pardon for innocence, or a conditional pardon to commute a prison sentence. Persons convicted of violent crimes were required to wait an additional three years. 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). Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. 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. Restores right to vote, sit on jury, hold public office, and serve as a notary public. The FBIs website also has a list of local FBI offices you can call. 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. Loss & restoration of civil/firearms rightsA. These grants are all listed in the annual reports of the governor to the legislature cited above. 16.1-307. With one exception, all sealing authorities take effect July 1, 2025. You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. Webpardon. 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). . Loss & restoration of civil/firearms rights, IV. V, 12. Frequency of grantsG. 41 (McAuliffe). [6] For a felony conviction, you must have applied for and been granted a Restoration of Rights before applying for a simple pardon. 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. ProcessF. [9] Receiving a Restoration of Rights would definitely restore your rights to vote, to hold public office, to serve on a jury, and to serve as a notary public.[9]. Occupational licensing. In 2014, Virginia enacted new restrictions on concealed carry permits for those convicted of two or more misdemeanors (5 years), marijuana possession and public drunkenness (3 years), stalking (permanent with no relief), and juvenile offenses that would be a felony (16 years). If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. 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. Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric 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. Cf. Educational accomplishments including the names of schools you attended, years attended, and any degrees or certifications you have received. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. See 2021 Virginia Laws Ch. 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. However, a board shall have the authority to refuse a license . 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. There will not be a hearing, meeting, or conference on your application. v. Dotson, supra. 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. . Pursuant to 19.2-392.2 C, the petition with a copy of the 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. 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. 18.2-308.2(A). 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 Rights must be restored before a convicted felon can request a pardon from the Governor. Secretary of the Commonwealth, Conditional Pardons. FirearmsII. 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. Stricter eligibility standards apply to the statutory restoration procedure through the court. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. 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. 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. 1406). [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. 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. However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement. Va. Const. . 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. 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. Also indicate on your personal statement all the positive things that have occurred in your lifefor example, educational achievements, new or stable employment, marriage and children, community involvement, charitable services or donations, law-abiding behavior, etc. In order to be considered for immigration You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. 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. Expungement of police and court records by petition is authorized under Va. Code Ann. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. See Va. Code. These are all listed in his end-of-year reports to the legislature. Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. The Parole Board consists of five members appointed by the governor to open-ended terms. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. No filing fee will be required in the case of indigency. art. 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. 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. Clean Slate law: Sealing of convictions and non-convictionsIV. [12] You should talk to an attorney knowledgeable about record expungements to help you with this process. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. 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. Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by Gov. Court-appointed legal assistance: Individuals who cannot afford an attorney for help with the petition-based sealing process can request one. 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. Your entire application should be sent to: Like the process for a simple pardon, there will not be any hearings, meetings, or conferences held on your application. The website of the Secretary of the Commonwealth explains that. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. [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. Id. 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. [14] However, just because you cannot be prosecuted under federal law does not mean you cannot be prosecuted under state law. [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). Tell the Governor how your conviction has negatively affected you and/or your family. [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. Va. Code Ann. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. However you feel about the crime, you have already been found guilty. Ralph Northam granted Tillman an absolute pardon Jan. 13. Police records for marijuana possession of one ounce or less will take effect July 1, 2021. 16.1-306(A). Any other names and/or aliases you have used. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. 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.). 53.1-135. The investigation process may take two years or longer. Ralph Northam in a months time. [5] In order to qualify for an absolute pardon, you In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. A detailed statement of the facts/circumstances of the offense. In 2015, Governor McAuliffe adopted a policy allowing individuals that have had their rights restored to have that restoration noted on their official criminal record if they choose. An absolute pardon is often a . If the measure fails again in 2023, the amendment process would have to start over. 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. WebTYPE OF PARDON REQUESTED . Secretary of the Commonwealth, Absolute Pardons and Writ of Actual Innocence. Under federal law, if you have received a pardon from any state, the pardoned conviction cannot be used by federal authorities to prosecute you for unlawful possession of a firearm unless the pardon specifically says you cannot possess a gun. An absolute pardon is generally granted only for innocence. 804-692-2542. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. 16.1-306(A). If immigration is not an issue for you, this benefit is obviously irrelevant. See Part II, infra. 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. 53.1-135. AuthorityB. One must be a representative of a victims group. 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. His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. 16.1-307. However, no expungement because of the requirement that the court find facts justifying guilty finding. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. 19.2-392.2(I). Effect of sealing: In general, sealed records may not be disclosed except pursuant to a court order, unless disclosure is specifically authorized by 19.2-392.13(C) These 25 specific authorizations include various law enforcement and related employments, and any purpose for which a background check is required by federal, state or local law. Post Office Box 2454 Web3. Court may grant relief only if it finds manifest injustice to the petitioner, except where arrest was for a misdemeanor and the petitioner has no prior record: If the court finds 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, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the charge. 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. 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