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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. 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. Otherwise, it shall deny the petition. 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 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. 804-692-2542. v. Dotson, 661 S.E.2d 473, 476 (Va. 2008) (where court required to find evidence of guilt under 18.2-251, charges not otherwise dismissed within the meaning of expungement statute). An absolute pardon is generally granted only for innocence. You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. [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). WebBobbie Morman Jr. was granted an absolute pardon by Gov. 54.1-204 (Prior convictions not to abridge rights). Civil rightsB. 53.1-134. 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. Va. Code Ann. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. Any previous names and/or aliases you have used. Expungement of police and court records by petition is authorized under Va. Code Ann. reid@governor.virginia.gov, Jennifer Crown 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. . 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/. The Parole Board consists of five members appointed by the governor to open-ended terms. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. Ann. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. 9 (S.B. 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. Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. Conditional pardons are rare as the Governor does not typically substitute their judgment Your entire application/petition, along with all supporting documents and letters of recommendation, should be mailed to: The Honorable [current Governors name] 8.01-338 (2) (Persons convicted of treason or a felony disqualified from jury service); Va. Code Ann. 1-231.1 requires the director of corrections to give notice to individuals completing their sentences of the procedure for regaining rights. 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. In February 2021, an amendment to the state constitution was approved by the legislature that, if approved a second time by the next legislature and by a referendum, will restore the vote upon release from prison. Va. Const. If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. WebTYPE OF PARDON REQUESTED . Regardless of which pardon you apply for, however, there are no formal, standardized application forms. No more than two members are full-time. 16.1-306(A). 9.1-910 (Removal of name and information from Registry). . The Innocence Project at the University of Virginia School of Law helped Joey Carter, who served 25 years after being convicted of a Norfolk, Virginia, murder, 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. If you would like to apply for an absolute pardon, and have met the eligibility requirements indicated in Part B, your letter to the Governor must contain the following information[8]: Refer to the above section on Simple Pardons for information about how to obtain your criminal records and suggestions about what to include in your letter to the Governor. 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. You can do this by contacting the Department of State Police, Central Criminal Records Exchange, by calling (804) 674-2000. 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. See Va. Code Ann. [5] In order to qualify for an absolute pardon, you 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. An absolute pardon goes even further than the two above. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. 2022 modifications of the licensing law: In 2022, two identical laws were enacted that, if reenacted in 2023, will 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.in 2023, will expand on the language in 54.1-204(A) that relates to a finding of direct relationship both substantively and procedurally. Office of the Secretary of the Commonwealth The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. Va. Code. His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. If the Governor denies your application, you can reapply two years later after the denial.[8]. 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 . Taken into In addition, it is the only type of pardon that would allow you to have your conviction expunged from your criminal record. [9] In 2009, 64 pardons were granted. Remember to find out who the current Governor is at the time you apply, so that you address the Governor by his or her correct name. With one exception, these provisions are also scheduled to go into effect by 2025. The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. [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. Third, the companies must include the date they collected an individual record when they disseminate it. [5] As the name suggests, there are conditions attached to the pardon, which if you violate could cause your pardon to be revoked and you to be thrown back in prison.[5]. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. PORTSMOUTH, Va. (WAVY) Virginia Gov. Self-explanatory forms are there for you to access and fill out. You can also do an online request on its website at http://www.vsp.state.va.us/. 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. (See https://www.cannabis.virginia.gov/.) The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. 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. Applicants are not required to disclose expunged records in response to any employment-related inquiry. These are all listed in his end-of-year reports to the legislature. 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. 19.2-392.2(I). [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]. 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. See Comm. 286, 476 S.E.2d 512 (Va. Ct. App. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the This fast track pardon/restoration scheme purports to impose on the Governors office a 90-day time limit to decide court-approved applications. 18.2-308.2(A). The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. 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. 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. 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. 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. 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. There are no application fees to apply for a pardon in Virginia. Federal and out-of-state offenders are not eligible to apply for pardon. [5] It is primarily used by an inmate who wants to be released from prison early (in this sense, it is similar to parole). The Secretary of the Commonwealth is the office that receives all pardon applications. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. 19.2-392.3. [10] Your chance of getting a pardon largely depends on your individual circumstances. Loss & restoration of civil/firearms rights, IV. 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. 53.1-231.2. Allows for sealing of felony acquittals and dismissals at disposition with the consent of the prosecuting attorney. Office of the Governor Richmond, Virginia 23218-2454 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. Submit any proof you may have (such as denial letters) to support your claims. However you feel about the crime, you have already been found guilty. CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of Ann. Notably, court debt will not be a barrier to record clearance under the legislation. His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. [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]. 53.1-136(5). The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. Any other names and/or aliases you have used. 53.1-136(5), 53.1-231. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. Loss & restoration of civil/firearms rightsA. 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. [5], In order to qualify for an absolute pardon, you must have pleaded not guilty throughout your trial, notwithstanding the fact that you were ultimately convicted. See Part I-A,supra. Your report should list all convictions you have ever received in Virginia. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. See 2021 Virginia Laws Ch. The Innocence Project gives law students hands-on Governor of Virginia Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. Restores right to vote, sit on jury, hold public office, and serve as a notary public. . See HB711. 19.2-393.13(C)(xi). SeeVA HB282 and SB409. Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or an absolute pardon. As advocates warned during the 2020 special session, these records can continue to appear on private background checks long after the public records have been sealed or expunged. There are no application fees to apply for a pardon in Virginia. There are three types of pardons that you can apply for in Virginia: A simple pardon. A conditional pardon. An absolute pardon. 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. There will not be a hearing, meeting, or conference on your application. [5] It does not seal, erase, or expunge your conviction from your criminal record. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. The three types of pardons are absolute, conditional, and simple. In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. 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. 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. A detailed statement of the facts/circumstances of the offense. 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].. v. Dotson, supra, would appear to preclude expungement. See https://www.cannabis.virginia.gov/. 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. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. 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. D. Vacatur for victims of human trafficking. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. In 2021 Virginia enacted a series of provisions authorizing vacatur and expungement for victims of sex trafficking convicted or adjudicated guilty of prostitution and related offenses. 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. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. After several years of investigation and advocacy by the Innocence Project at the University of Virginia School of Law, client Lamar Barnes was released from prison 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. AuthorityB. (804) 692-0104 Ralph Northam granted Tillman an absolute pardon Jan. 13. One must be a representative of a victims group. 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. The final disposition may be a conviction of the original charge, conviction of an alternative charge, or dismissal. art. 24.2-231 (disqualifying persons convicted of felonies from holding office). 18.2-308.2(A). These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. Assure the Governor that you will not revert to criminal activity after you are released, but instead will be a productive member of society. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. Pardons that you can do this by contacting the Department of State Police to electronic... 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