See Va. Code Ann. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. 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. [7] Having a terminal illness with a life expectancy of three months or less would qualify you for a conditional pardon. State Capitol, 3rd Floor 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. 41 (McAuliffe). The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. Va. Code Ann. 16.1-306(A). If possible, have credible people in your community (such as former teach or boss) or even a fellow prison inmate write letters of recommendation for you. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. 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. . 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. In other words, you must have maintained your innocence throughout the proceedings. The Commonwealth shall be made a party to any action under this section. 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 If any felonies were involved, the applicant must For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. [9] In 2009, 64 pardons were granted. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. 804-692-2542. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. Va. Code Ann. 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. 53.1-136(5), 53.1-231. Richmond, Virginia 23218-2454 Id. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. In 2022 19.2-327.19 was amended to provide that a petitioner seeking a writ of vacatur based on status as a victim of sex trafficking shall not be required to pay any fees or costs for filing such petition if the petitioner is found to be unable to pay them. [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). Deferred disposition for a misdemeanor property offense: The court may grant deferred disposition for a misdemeanor property offense (with certain exceptions), 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 guiltunless the accused has been previously convicted of a felony, or previously had an offense dismissed under this section. 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. He also issued a number of conditional pardons (commutations). We appreciate your patience during this time. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. 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. In your statement, do not simply say that you want a clean criminal record. The Sentencing Project, Virginia, Margaret Colgate Love, See, e.g., Wilborn v. Saunders, 195 S.E. . 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. 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. The Innocence Project gives law students hands-on Criminal record in employment & licensingA. If regaining your gun rights is important to you, make sure you make you desire known during the application process. . The Parole Board consists of five members appointed by the governor to open-ended terms. Restoration of Rights is basically another type of clemency that is offered in Virginia. 16.1-307. Police records for marijuana possession of one ounce or less will take effect July 1, 2021. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. 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. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. 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. 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].. 19.2-392.2(I). In order to be considered for immigration SeeVa. Code 53.1-40.02. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. 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. 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. SeeVA HB282 and SB409. art. 19.2-393.13(C)(xi). 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. Secretary of the Commonwealth, Conditional Pardons. 9.1-910 (Removal of name and information from Registry). 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. One must be a representative of a victims group. The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. The court, in a 4-to-3 decision, disputed the governors assertion that his clemency power was absolute under the states Constitution. WebAn 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. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. 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. However, if you are denied, you can reapply two years later after the denial.[6]. See 2021 Virginia Laws Ch. Office of the Governor 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. 19.2-298.02(D). . 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). There will not be a hearing, meeting, or conference on your application. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the Va. Code Ann. Misdemeanor non-convictions (excluding traffic infractions) unless the Commonwealths attorney objects on one of five specific grounds. Expungement, sealing & other record relief, A. ContentsI. With one exception, these provisions are also scheduled to go into effect by 2025. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . [7] Of course, this is not the only extraordinary circumstance that would qualify you for a conditional pardon. Conditional pardons are rare as the Governor does not typically substitute their judgment 54.1-204 (Prior convictions not to abridge rights). You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. WebAn absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. 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