There will not be a hearing, meeting, or conference on your application. 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.) 16.1-307. (804) 692-0104 There are no application fees to apply for a pardon in Virginia. 284 Va. at 451. Va. Code Ann. 54.1-204(B). These records will be automatically sealed in the Virginia State Police systems on July 1, 2021. See 2021 Virginia Laws Ch. 19.2-392.2(I). Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. 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. See Part II, infra. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. See the section below on marijuana offenses. State Capitol, 3rd Floor 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. A conditional pardon, in this respect, is much like parole. Frequency of grantsG. 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. Sex offender registryH. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. The FBIs website also has a list of local FBI offices you can call. If the measure fails again in 2023, the amendment process would have to start over. Other than the benefits noted above, the law is unclear what other effects a pardon actually has. Circuit Court . A simple pardon is the most common form of pardon in Virginia. Va. Code Ann. 2021 record clearing laws in generalB. 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. Keep a copy of everything you send for your records. We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. 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. [14] Id. 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. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. Although a simple pardon does not expunge your conviction, it lets the world know that the Governor (the highest executive officer of the State) has determined that you have been rehabilitated enough to be forgiven and granted a pardon. 53.1-231.2, described below. Rights must be restored before a convicted felon can request a pardon from the Governor. EligibilityD. EffectE. 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. Ann. However, an exception to the rule exists if you receive an absolute pardon. Va. Code Ann. As a result of the expedited restoration procedure described above that was begun during the tenure of Governor McDonnell (2010-2014), thousands of individuals have had their civil rights restored by executive order. 9 (S.B. 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. 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. Ralph Northam granted an absolute pardon to a client of the Innocence Project at the University of Virginia School of Law on Wednesday. Provide any other relevant information that you wish to be considered in your application. If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. In your statement, do not simply say that you want a clean criminal record. Va. Code Ann. WebTYPE OF PARDON REQUESTED . 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 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. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. II, 1 (No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority.); 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. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. D. Vacatur for victims of human trafficking. 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 Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. Pursuant to 19.2-392.2 C, the petition with a copy of the See Va. Code Ann. Non-convictions that do not qualify for automatic sealing can still go through the petition-based process. SeeVa. Code 53.1-40.02. 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. This is a change from the existing expungement law, which was. 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. 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. Candice Reid, Restoration of Rights Director, Office of the Secretary of the Commonwealth, III. [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. Notably, court debt will not be a barrier to record clearance under the legislation. 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. V, 12;see alsoVa. Code 53.1-229. Conditional pardon (with transfer to secure mental health facility) for those serving long sentences, who suffer from serious mental illness that was an issue at the time of the crime. See Va. Code. [5] In order to qualify for an absolute pardon, you 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. For each conviction (misdemeanor or felony) you have ever received: The date you will be eligible for parole. In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. 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). 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. 53.1-231.2, described below. . Non-conviction recordsF. The date which you will be mandatorily released. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. Tell the Governor how your conviction has negatively affected you and/or your family. AuthorityB. See Comm. Fortunately, states tend and honor each others pardons. Ralph Northam on Wednesday. The information shall not be disseminated except as provided for in this section. . See Va. Code Ann. 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. 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 the executive clemency power were construed to include the restoration of firearm rights, then Code 18.2-308.2(C), insofar as it grants the circuit courts jurisdiction to restore them, would not only be redundant, but would be an unconstitutional intrusion by one branch of government on the powers of another. The clemency power may be broad, but it is not absolute. Specifically, the pardon power must be interpreted in light of the constitutional prohibition on suspension of laws by the executive.4 Governor Terry McAuliffe responded to the courts action by undertaking to restore the vote on an individual basis, initially to the more than 200,000 individuals affected by his orders to that time, and thereafter on a regular basis through additional executive orders. He had been 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). 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. Comm. Establishes a system of automatic sealing for misdemeanor non-convictions, nine types of misdemeanor convictions, and deferred dismissals for underage alcohol and marijuana possession. Each Governor has the discretion to set his or her own guidelines/policies regarding who is eligible for a pardon/clemency and the process to apply.[4]. The Secretary of the Commonwealth is the office that receives all pardon applications. 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. The court, in a 4-to-3 decision, disputed the governors assertion that his clemency power was absolute under the states Constitution. Effective July 1, 2019, a petition need no longer be filed where a pardon was granted for innocence, and such a pardon remains grounds for automatic expungement. To qualify for automatic sealing, seven years must have passed since the conviction or deferred dismissal, the person must not have any new convictions during that time, and on the date of disposition, the person must not have been convicted of another offense that is ineligible for automatic sealing. The new laws would prohibit refusal of a license based on a conviction until the board. . 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. Applicants are not required to disclose expunged records in response to any employment-related inquiry. 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. v. Dotson, supra. 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. [10] Your chance of getting a pardon largely depends on your individual circumstances. An ex parte order may permit a review of the record, but may not permit a copy to be made of it. Id. Office of the Governor [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. WebIf any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing 18.2-308.2(A). See Va. Code Ann. The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. Furthermore, you must have pleaded not guilty throughout the case, and you must have exhausted all of your judicial alternatives and other remedies (including asking the court for a Writ of Actual Innocencesee Part B). The three types of pardons are absolute, conditional, and simple. reid@governor.virginia.gov, Jennifer Crown Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. Persons convicted of violent crimes were required to wait an additional three years. The Governor can only grant a pardon for a Virginia conviction. V irginia Gov. completes an individualized assessment of the individuals criminal record and current circumstances and determines that the criminal conviction directly relates to the occupation or profession [for which the license is sought]. Expungement, sealing & other record reliefA. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. V, 12. Va. Code Ann. 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. See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. Additional provisions of SB1406 proposing to repeal a statute providing penalties for distribution and possession with intent to distribute marijuana, and authorizing 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. In 2020, HB757 added 2.2-2812.1 and 15.2-1505.3 to the Code to limit inquiries by state agencies and localities regarding criminal arrests, charges, or convictions on employment applications, unless the inquiry takes place during or after a staff interview of the prospective employee. An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Ann. v. Dotson, supra, would appear to preclude expungement. An explanation as to why you should be granted an absolute pardon. Some states have stricter gun laws than federal law. Requirement of a hearing may be waived if government gives written notice to the court that he does not object to the petition and, when the charge to be expunged is a felony, stipulates in such written notice 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. Id. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. 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. 53.1-136(5). His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. Simple pardon does not expunge the record, but it does constitute official forgiveness and often serves as a means for the petitioner to advance in employment, education, and self-esteem. The criminal records of those who receive a simple pardon are marked with a notation indicating the pardon grant, but the record remains available to the public. Restoration of rights is the first step in the pardon application process for felony offenders. . 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. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. (See https://www.cannabis.virginia.gov/.). 53.1-134. If, after such hearing, the court is satisfied that such person no longer poses a risk to public safety, the court shall grant the petition. 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