This is a change from the existing expungement law, which was. [O]ur constitutional history demonstrates a cautious and incremental approach to any expansions of the executive power, leading to the conclusion that the concerns motivating the original framers in 1776 still survive in Virginia. . 9 (S.B. 9.1-910 (Removal of name and information from Registry). See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. 286, 476 S.E.2d 512 (Va. Ct. App. Circuit Court . 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. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. Interested persons are invited to contact the Secretarys office by email (pardons@governor.virginia.gov) or by phone (804-692-2542.) An absolute pardon is generally granted only for innocence. See https://www.cannabis.virginia.gov/. 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. WebWe subsequently submitted a request for an absolute pardon for Mr. Knight, and on January 14, 2022, Governor Northam granted a conditional pardon to Mr. Knight. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. 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 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. 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 In order to get a conditional pardon, you will need to show substantial evidence of extraordinary circumstances to warrant the Governor to grant you the pardon. 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. art. Pardon Specialist v. Dotson, supra. In order to obtain a simple pardon, you must show evidence of good citizenship, plus favorable recommendations from the Parole Board and public officials who were involved in the case (judge, prosecutor, etc.). His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. Ralph North extended an absolute pardon to Rev. Rights must be restored before a convicted felon can request a pardon from the Governor. ApplyForPardon .com - Pardon form completion service. 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.. 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. The Honorable [name of current Governor] The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. 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. Web3. Va. Code Ann. 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.. Federal and out-of-state offenders are not eligible to apply for pardon. On Aug. 10, Northam granted an absolute pardon to Joey Carter, who served 25 years on charges of first-degree murder, attempted robbery, robbery and statutory burglary. Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, 18.2-250.1. Submit any proof you may have (such as denial letters) to support your claims. Restoration of Rights is basically another type of clemency that is offered in Virginia. These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. 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 governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. 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. Va. Code Ann. Office of the Governor Also, in most cases, federal immigration authorities cannot rely solely on a conviction that has been subject to a pardon for the purpose of deporting you from the country. 54.1-204 (Prior convictions not to abridge rights). 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. Richmond, Virginia 23218-2454 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. Assure the Governor that you will not revert to criminal activity after you are released, but instead will be a productive member of society. . 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. However, A Restoration of Rights certificate does not necessarily restore your gun rights. (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.. 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. State Capitol, 3rd Floor However, if you are denied, you can reapply two years later after the denial.[6]. The final language relating to a finding that the applicant is unfit or unsuited to engage in such occupation or profession would be retained in the statute. Also, you must have exhausted all judicial appeals and other post-conviction remedies that were available to you before you can apply for an absolute pardon. Va. Code. SeeVa. Code 53.1-40.02. It does not restore firearms rights. See Howell v. McAuliffe(Va. 2016). There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. 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. Finally, these two laws would require, beginning July 1, 2025, the Department of Professional and Occupational Regulation must include in its biennial report to the governor certain data related to the criminal history of applicants for each regulatory board, including the number of applicants with a criminal history and cases where denial of a license was based in whole or in part upon the existence of the applicants criminal record. He also issued a number of conditional pardons (commutations). With one exception, all sealing authorities take effect July 1, 2025. You should talk to an attorney knowledgeable about gun rights restoration in Virginia if you specifically want your gun rights restored. 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). 54.1-204 (Prior convictions not to abridge rights). 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. 53.1-136; Va. Stat. Va. Code Ann. See general rules at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/. 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 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). 19.2-392.4. V, 12. Marijuana offenses D. Vacatur for victims of human traffickingE. 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. IMPLES ONDITIONALC A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. 18.2-308.2(A). This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. They would also require boards to develop and publish on their website guidance documents that inform prospective applicants of the types of criminal offenses that may impede licensure, including specific convictions and application of the factors provided [to determine direct relationship].. We respectfully disagree, the majority justices wrote. 19.2-392.3, 19.2-392.4(A)(B). art. 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. Third, the companies must include the date they collected an individual record when they disseminate it. v. Dotson, supra. If immigration is not an issue for you, this benefit is obviously irrelevant. 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. Before a convicted felon can request a pardon from the governor individual record when they disseminate.... 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