286, 476 S.E.2d 512 (Va. Ct. App. 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. Secretary of the Commonwealth, Conditional Pardons. [8], There was a new law passed in 2004 that allows a person who has been convicted to have the court itself consider a claim of innocence; if the court is convinced that the person is truly innocent, the court can issue something called a Writ of Actual Innocence (which is much like an absolute pardon). Governor of Virginia No filing fee will be required in the case of indigency. 19.2-392.8(b). Restoration of Rights is basically another type of clemency that is offered in Virginia. IMPLES ONDITIONALC 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. Taken Pardon Specialist 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. This is a change from the existing expungement law, which was. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. In March 2021, Governor Ralph Northam issued an executive order pursuant to his pardon power, restoring the vote to 69,000 people who had been released from prison but had not yet completed their supervision, culminating a process of automatic expansion of the franchise by gubernatorial executive order that began in 2013.1 The history of the expansion of this automatic executive restoration program between 2013 and 2016 is traced by the Brennan Center. [12] You should talk to an attorney knowledgeable about record expungements to help you with this process. Ralph North extended an absolute pardon to Rev. 19.2-392.2(I). However, no expungement because of the requirement that the court find facts justifying guilty finding. [6] Getting a simple pardon can be beneficial in terms of removing some of the stigma of conviction, advancing your educational and employment prospects, and improving your self-esteem.[5]. Pardon policy & practiceA. 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 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. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. One must be a representative of a victims group. An absolute pardon goes even further than the two above. 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. For localities, the prohibition also does not apply to positions for employment by the local school board. There are three types of pardons: 1. A Simple Pardon is a statement of official forgiveness. 2. A Conditional Pardon is available only to people who are currently incarcerated. 3. An Absolute Pardon is rarely granted because it is based on the belief that the petitioner was unjustly convicted and is innocent. [3] The members serve at the pleasure of the Governor.[3]. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. . In addition, it is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. 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. 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. If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. Any other names and/or aliases you have used. This page was last modified on July 31, 2015, at 21:46. Any previous names and/or aliases you have used. 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. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. 19.2-392.3, 19.2-392.4(A)(B). See also the provisions of SB 2113 relating to marijuana described below in clean slate section. 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.). 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). ContentsI. Requires private companies that buy and sell criminal records to routinely delete sealed records and creates a private right of action for individuals against companies that refuse to do so. Pursuant to 19.2-392.2 C, the petition with a copy of the 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. The Parole Board consists of five members appointed by the gov These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. EligibilityD. Applications are sent to the Office of the Secretary of the Commonwealth and are sometimes forwarded to the Parole Board which makes a non-binding recommendation to the governor following an investigation. If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. 53.1-135. 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. art. Deferred dispositionsC. . If the Governor denies your application, you can reapply two years later after the denial.[8]. 19.2-393.13(C)(xi). See Effect section below. 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. 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. reid@governor.virginia.gov, Jennifer Crown The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. 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. Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by Gov. Deferred disposition for a first drug offense: The court may grant deferred disposition for certain first drug offenses, 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 guilt. Record Clearing .org - post conviction information, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/clemency.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/pardons.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/simplePardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/conditionalPardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/absolutePardon.cfm, http://www.sentencingproject.org/doc/File/Collateral%20Consequences/Virginia.pdf, http://www.timesdispatch.com/news/article_006dacdd-5f85-5e7e-8a87-abdbb83eac03.html, https://www.pardon411.com/w/index.php?title=Virginia_Pardon_Information&oldid=788. WebA partial pardon is a form of a conditional pardon and can be granted to individuals who are experiencing immigration issues. An explanation of the clemency system can be found at. 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. An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. SeeVA HB282 and SB409. 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. PORTSMOUTH, Va. (WAVY) Virginia Gov. That said, a board may review records in which a sentence was suspended, and pleas of nolo contendere. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. Mary Wood Eric Weakley, a member of the so-called Culpeper Three and a client of the Innocence Project at the University of Virginia School of Law, has received See the section below on marijuana offenses. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. 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. 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. The letters should also indicate the writers contact information for verification purposes. Cf. You can also do an online request on its website at http://www.vsp.state.va.us/. Sex offender registryH. Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. SeeVa. Code 53.1-40.02. An absolute pardon is the most difficult type of pardon to get. v. Dotson, supra. However you feel about the crime, you have already been found guilty. 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. Finally, keep in mind that the effects of a pardon can vary from one state to the next. 16.1-307. http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html. Conditional pardons are rare as the Governor does not typically substitute their judgment General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. 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. See Va. Code Ann. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. 53.1-136(5), 53.1-231. 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. 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