The court shall hold a hearing to determine whether the person was a victim unless the commonweaths attorney certifies that a person was a victim in which case the court need not hold a hearing. A simple pardon is the most common form of pardon in Virginia. Provides for sealing nearly all midemeanors (ex. There will be conditions attached to the pardon (hence the name), which if you violate can cause your pardon to be revoked and you to be thrown back in prison.[11]. 19.2-392.4. You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. 18.2-251. Taken into custody at age 18, Bobbie Morman Jr. served more than 22 years of a 48-year prison sentence for an Aug. 4, 1993, drive-by shooting in Norfolk, Virginia, in which no one was 16.1-307. According to the Secretary of Commonwealths website, a petitioner must have pleaded not guilty and, if eligible, exhausted all other remedies, including filing a writ of actual innocence. For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. 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. [5] It is primarily used by an inmate who wants to be released from prison early (in this sense, it is similar to parole). These are all listed in his end-of-year reports to the legislature. The governor is required by the state constitution to give a reason for each grant in his report to the legislature (see above), but he generally gives no reasons for denials. 54.1-204(B). Ralph Northam granted Tillman an absolute pardon Jan. 13. 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. See HB 972. To petition for a simple pardon the applicant must be free of all conditions set by the court for a period of ten years. Upon filing, the court holds a hearing and makes a determination as to whether the person has completed their sentence five years previous, and demonstrated civil responsibility. The court then makes a recommendation to the governor. The bill takes several steps to alleviate this problem. The prohibition does not apply to applications for law enforcement employment, or to state agencies that are expressly permitted to inquire into an individuals criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. 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 . Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. No more than two members are full-time. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. An ex parte order may permit a review of the record, but may not permit a copy to be made of it. Id. 41 (McAuliffe). . State Capitol, 3rd Floor Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. 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. These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. Cf. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. Va. Code Ann. [8] The Governor will simply have the Parole Board review your application, conduct an investigation, and then make a recommendation to him or her. v. Dotson, supra, would appear to preclude expungement. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. 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. Cf. Va. Stat. For each conviction (misdemeanor or felony) you have ever received: The date you will be eligible for parole. This fast track pardon/restoration scheme purports to impose on the Governors office a 90-day time limit to decide court-approved applications. 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. Applicants are not required to disclose expunged records in response to any employment-related inquiry. 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. Gov. 53.1-231.2, described below. Remember that you must show you have been a good citizen in order to get a simple pardon. 19.2-392.16. 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. See 2021 Virginia Laws Ch. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. See, e.g., Report dated February 9, 2021. . Pardon policy & practiceA. 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. Va. Code Ann. 2021 record clearing laws in general. Innocence Project clients Bobbie Morman Jr. and Joey Carter also recently received absolute pardons. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. WebBobbie Morman Jr. was granted an absolute pardon by Gov. This page was last modified on July 31, 2015, at 21:46. Va. Code. Id. Restores right to vote, sit on jury, hold public office, and serve as a notary public. 19.2-392.12(L). Gallagher v. Commonwealth, 284 Va. 444, 451, 732 S.E.2d 22 (Va. 2012).6. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. Interested persons are invited to contact the Secretarys office by email (pardons@governor.virginia.gov) or by phone (804-692-2542.) If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. 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. 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.). 18.2-308.2(A). Loss & restoration of civil/firearms rights, IV. The Governor is probably more interested in seeing your remorse for the crime, and your understanding of its effects on the victim and society, than anything else. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. Va. Code Ann. Office of the Secretary of the Commonwealth Fortunately, states tend and honor each others pardons. 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. In your statement, do not simply say that you want a clean criminal record. (See https://www.cannabis.virginia.gov/.). (See https://www.cannabis.virginia.gov/.) You essentially must have pled not In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. Post Office Box 2454 These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. . If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. 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. 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. 53.1-134. 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. The website of the Secretary of the Commonwealth explains that. The FBIs website also has a list of local FBI offices you can call. 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. . Id. 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. 53.1-134. Clean Slate law: Sealing of convictions and non-convictionsIV. However, an exception to the rule exists if you receive an absolute pardon. 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. 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. An absolute pardon goes even further than the two above. 16.1-306(A). 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. [5] In order to qualify for an absolute pardon, you The Commonwealth shall be made a party to any action under this section. Conditional pardons are rare as the Governor does not typically substitute their judgment 1406). V, 12;see alsoVa. Code 53.1-229. 19.2-298.02(D). Third, the companies must include the date they collected an individual record when they disseminate it. The Parole Board consists of five members appointed by the gov 550, cl. Webpardon. Ralph Northam granted an absolute pardon to a client of the Innocence Project at the University of Virginia School of Law on Wednesday. See Effect section below. He had been out on parole since 2016. See http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf.8. 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). Rights must be restored before a convicted felon can request a pardon from the Governor. 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. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. However, if you are denied, you can reapply two years later after the denial.[6]. Office of the Governor A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. 9.1-910 (Removal of name and information from Registry). 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. 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. 1996)(person pardoned is exempt from prohibitions against possession of firearms by felons), http://commonwealth.virginia.gov/Judicial-system/pardons, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/restoration.cfm, http://commonwealth.virginia.gov/judicial-system/restoration-of-rights/. 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. State Capitol, 3rd Floor Notably, court debt will not be a barrier to record clearance under the legislation. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. Emerson Stevens is the third client of the Innocence Project at the University of Virginia School of Law to receive an absolute pardon from Virginia Gov. No filing fee will be required in the case of indigency. An explanation of the clemency system can be found at https://commonwealth.virginia.gov/judicial-system. [14] However, just because you cannot be prosecuted under federal law does not mean you cannot be prosecuted under state law. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . 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/. 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. Explain to the Governor what your plans are if you are granted the pardon (where you will stay, who you will stay with, what you plan to do for a living, etc.). Because the court must find facts justifying a finding of guilt, the ruling of Comm. Va. Code Ann. 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. 1101(a)(48)(A)(i) to make him deportable since there was no concession or finding of guilt). PORTSMOUTH, Va. (WAVY) Virginia Gov. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . These two 2022 laws also provide that a board shall not require an applicant to disclose an excluded record, and an excluded record shall not be the basis for the refusal of a license, certificate, or registration by the board. (An excluded record is any conviction that has been sealed, annulled, dismissed, expunged, or pardoned, and any non-conviction record.) WebA conditional pardon is an act to modify or end a sentence imposed by the court. [6] For a felony conviction, you must have applied for and been granted a Restoration of Rights before applying for a simple pardon. 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. 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. 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. Self-explanatory forms are there for you to access and fill out. Provide any other relevant information that you wish to be considered in your application. However, a board shall have the authority to refuse a license . v. Dotson, supra. 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. 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. ContentsI. 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. 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. 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. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. 53.1-231. Ann. See HB711. 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. If you are pursuing a career in a field that requires you to obtain a pardon, submit documents, letters, or other proof from a prospective employer, licensing agency, or attorney verifying this necessity. Va. Code Ann. An absolute pardon is often a 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. Restoration of rights is the first step in the pardon application process for felony offenders. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. See Part II, infra. 18.2-308.09. 53.1-231.2. 18.2-254.1, -254.2, -254.3. [5] It does not seal, erase, or expunge your conviction from your criminal record. 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