First, private companies (defined as business screening services under the bill) have an obligation to delete sealed records and must take steps to ensure they do not maintain sealed or inaccurate records. Submit copies of your college transcript, high school diploma or GED, military certificates, marriage certificate, honors and awards, and other proof of your rehabilitation and good character. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. 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. 2) Sealing at disposition: Felony acquittals and dismissals with prejudice can be sealed by the court immediately at the time of disposition, without filing a petition, with the concurrence of the Commonwealths attorney. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. [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. This applies also to persons convicted of federal offenses in another state. The FBIs website also has a list of local FBI offices you can call. 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. You can also do an online request on its website at http://www.vsp.state.va.us/. You essentially must have pled not The investigation process may take two years or longer. See Comm. Office of the Secretary of the Commonwealth 804-786-2441. WebBobbie Morman Jr. was granted an absolute pardon by Gov. 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. 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. An absolute pardon is generally granted only for innocence. (See https://www.cannabis.virginia.gov/.). The Secretary of the Commonwealth is the office that receives all pardon applications. Restoration of Rights is basically another type of clemency that is offered in Virginia. In other words, you must have maintained your innocence throughout the proceedings. See Comm. He had been 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. 19.2-392.2(I). If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. Portsmouth City Councilman Mark Whitaker speaks during a press conference after being granted an absolute pardon by Gov. Because the court must find facts justifying a finding of guilt, the ruling of Comm. Marijuana offenses D. Vacatur for victims of human traffickingE. 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. [3] The members serve at the pleasure of the Governor.[3]. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. A simple pardon is useful in signifying rehabilitation, but Virginia authorities advise that it is not clear what if any legal effect such a pardon may have under state law. 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. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. 19.2-303.2. Frequency of grantsG. Taken See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. Expungement of police and court records by petition is authorized under Va. Code Ann. 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. Your chance of getting a pardon can also depend on who is serving as Governor at the time your application is reviewed; some Governors are simply more lenient than others in handing out pardons. 16.1-306(A). These records will be automatically sealed in the Virginia State Police systems on July 1, 2021. However, if you are denied, you can reapply two years later after the denial.[6]. [1], There is a body called the Parole Board which has the authority, upon the Governors request, to investigate and make recommendation to the Governor on pardon applications. The new laws would prohibit refusal of a license based on a conviction until the board. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. [7] Of course, this is not the only extraordinary circumstance that would qualify you for a conditional pardon. If the measure fails again in 2023, the amendment process would have to start over. See Va. Code Ann. The Commonwealth shall be made a party to any action under this section. 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. Office of the Governor The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. Governor of Virginia Have witnesses who can prove your innocence write letters explaining their version of the events. You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. Persons convicted of violent crimes were required to wait an additional three years. [6] For a felony conviction, you must have applied for and been granted a Restoration of Rights before applying for a simple pardon. Cf. The pardon application form is available at. A pardon, on the other hand, does restore your gun rights if you ever lost them due to a conviction, unless the pardon specifically says otherwise. Finally, individuals or the attorney general may initiate a civil action to enforce this section of the legislation, and the companies may be forced to pay damages if they violate it. 19.2-392.3. [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]. . See HB 972. A conditional pardon, in this respect, is much like parole. 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. Criminal record in employment & licensing, http://leg2.state.va.us/DLS/h&sdocs.nsf/Search+All+Published/?SearchView&SearchOrder=4&query=clemency, https://commonwealth.virginia.gov/judicial-system, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons, https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf, https://rga.lis.virginia.gov/Published/2021/SD2/PDF, http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf, https://www.washingtonpost.com/local/va-politics/cuccinelli-set-to-announce-findings-on-restoring-voting-rights-of-virginia-felons/2013/05/27/9f6819e0-c6e4-11e2-9245-773c0123c027_story.html, http://www.eji.org/files/howell-v-mcauliffe-virginia-supreme-court-decision-07-22-16.pdf, http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html, https://governor.virginia.gov/newsroom/newsarticle?articleId=3880, http://www.timesdispatch.com/news/state-regional/mcauliffe-to-speed-rights-restoration/article_661befcf-b8c9-5ca3-ba60-05b75812c9a3.html, http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22010/$file/SD2.pdf, http://leg2.state.va.us/DLS/h&sdocs.nsf/a762cd2685f84d7a85256f030053196e/0407b390e94aad9e852579bf005c4445?OpenDocument&Highlight=0,clemency. 53.1-231. Va. Code Ann. Va. Const. 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.) Candice Reid, Restoration of Rights Director 1101(a)(48)(A)(i) to make him deportable since there was no concession or finding of guilt). However, an exception to the rule exists if you receive an absolute pardon. However, A Restoration of Rights certificate does not necessarily restore your gun rights. 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., anguage 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. The Parole Board consists of five members appointed by the governor to open-ended terms. 284 Va. at 451. The Sentencing Project, Virginia, Margaret Colgate Love, See, e.g., Wilborn v. Saunders, 195 S.E. 9 (S.B. Introduces a system of court-appointed counsel for individuals who cannot afford an attorney for the petition-based sealing process. 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. . 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]. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. 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. ContentsI. . In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. v. Dotson, supra. With one exception, all sealing authorities take effect July 1, 2025. See Va. Code. 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. 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. See discussion below of the restrictions on access imposed by the 2021 law. You should talk to an attorney if you think any of these alternative options may be more appropriate for you. 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. 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. 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.). 53.1-136(5), 53.1-231. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. 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. Candice Reid, Restoration of Rights Director, Office of the Secretary of the Commonwealth, III. Ann. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. Criminal record in employment & licensingA. Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, 18.2-250.1. EffectE. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. (For example, Vince Gilmer, Christopher Sharikas) Absolute pardon of those convicted whove completed their sentence and have a strong innocence claim. Clean Slate law: Sealing of convictions and non-convictionsIV. 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. 18.2-308.2(A). An explanation as to why the Governor should grant you a pardon. 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. Loss & restoration of civil/firearms rights, IV. Va. Code. One must be a representative of a victims group. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. Juvenile recordsG. 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. 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. Pardon Specialist The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. 54.1-204 (Prior convictions not to abridge rights). 19.2-393.13(C)(xi). Alternatively, you can contact the criminal history record repository (which keeps a record of all criminal activity in a state) in each state where you have arrests/convictions. http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. Finally, keep in mind that the effects of a pardon can vary from one state to the next. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. 9.1-910 (Removal of name and information from Registry). The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. . Post Office Box 2454 [2] The Parole Board is made up of five members who are appointed by the Governor and confirmed by the General Assembly. 1406). 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. 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). 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. The three types of pardons are absolute, conditional, and simple. 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. Circuit Court . Web3. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. 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. For example, explain how you have been denied housing or employment opportunities because of your conviction, and how this has prevented you from providing you and your family an adequate standard of living. 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. 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. Any other names and/or aliases you have used. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. A conditional pardon is available only to a person who is currently incarcerated. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. 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. ProcessF. His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. One state to the general nondiscrimination provision at Va. 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