The legislation also removes the requirement that individuals seeking record clearance go to a law enforcement agency to get fingerprinted as part of the petition process, and the petitioner does not have to produce their criminal record. Frequency of grantsG. The Governor is vested with the power to (1) grant reprieves; (2) grant pardons; and (3) commute capital punishment. A pardon may be full or partial, absolute or conditional.. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. Restoration of Rights is basically another type of clemency that is offered in Virginia. 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. Va. Code Ann. 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. Comm. 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. 16.1-306(A). art. Va. Code Ann. 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. 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. V, 12;see alsoVa. Code 53.1-229. 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. These grants are all listed in the annual reports of the governor to the legislature cited above. Court may grant relief only if it finds manifest injustice to the petitioner, except where arrest was for a misdemeanor and the petitioner has no prior record: If the court finds 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, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the charge. Va. Code. 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. 53.1-134. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. See HB 972. 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, Court debt no barrier: Notably, court debt will not be a barrier to record clearance under the legislation (a provision requiring payment was omitted in the final bill) and court clerks will continue to have access to records for the purpose of collecting court debt owed by individuals after their record has been sealed. 54.1-204(B). 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 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. 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. CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of Have witnesses who can prove your innocence write letters explaining their version of the events. Va. Code Ann. [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). Your report should list all convictions you have ever received in Virginia. 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. . An explanation as to why you should be granted an absolute pardon. If regaining your gun rights is important to you, make sure you make you desire known during the application process. Pardon Specialist 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. 2021 record clearing laws in generalB. Charges may be dismissed but no authority exists to expunge or seal the record. See Va. Code Ann. 19.2-392.3. Restores right to vote, sit on jury, hold public office, and serve as a notary public. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. You should provide other relevant information that you wish the Governor to consider. 16.1-306(A). Finally, pardons are granted very sparingly in Virginia. (See https://www.cannabis.virginia.gov/.). Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. Candice Reid, Restoration of Rights Director Occupational licensing. art. Ralph North extended an absolute pardon to Rev. 19.2-392.4. Remember the standard for getting a conditional pardon is that you must show substantial evidence of extraordinary circumstances. For example, if you have a terminal illness and do not have much longer to live, explain this and provide proof of the terminal illness (e.g., a letter from the prison doctor). These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. See 2021 Virginia Laws Ch. [12] You should talk to an attorney knowledgeable about record expungements to help you with this process. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. Va. Code Ann. His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. Tell the Governor how your conviction has negatively affected you and/or your family. Va. Code Ann. 19.2-392.16. Remember that you must show you have been a good citizen in order to get a simple pardon. Office of the Secretary of the Commonwealth 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]. ApplyForPardon .com - Pardon form completion service. The Governor can only grant a pardon for a Virginia conviction. See 2021 Virginia Laws Ch. 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. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. This could be beneficial when you apply for a job, housing, a business or occupational license; employers, landlords, and licensing agencies are probably much less likely to consider a conviction which they know has been pardoned. Secretary of the Commonwealth, Absolute Pardons and Writ of Actual Innocence. . 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 1406). The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. 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. 54.1-204 (Prior convictions not to abridge rights). Candice Reid, Restoration of Rights Director, Office of the Secretary of the Commonwealth, III. The FBIs website also has a list of local FBI offices you can call. . 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. (804) 692-0104 Expungement of police and court records by petition is authorized under Va. Code Ann. 16.1-307. 804-692-2542. Misdemeanor non-convictions (excluding traffic infractions) unless the Commonwealths attorney objects on one of five specific grounds. There is no reliable method of predicting how long a pardon petition will take to complete. [6] The Parole Boards investigation can take up to a year to complete. Applicants are not required to disclose expunged records in response to any employment-related inquiry. 53.1-136(5). 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). 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. 53.1-135. 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. ContactIII. . 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. Regulation of private background screeners: The other major component of the bill addresses the regulation of private companies that buy and sell individuals criminal records. Stricter eligibility standards apply to the statutory restoration procedure through the court. Office of the Governor If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. With one exception, these provisions are also scheduled to go into effect by 2025. PORTSMOUTH, Va. (WAVY) Virginia Gov. Also, in most cases, federal immigration authorities cannot rely solely on a conviction that has been subject to a pardon for the purpose of deporting you from the country. 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. 18.2-308.2(A). Va. Code Ann. Va. Code Ann. 1996)(person pardoned is exempt from prohibitions against possession of firearms by felons), http://commonwealth.virginia.gov/Judicial-system/pardons, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/restoration.cfm, http://commonwealth.virginia.gov/judicial-system/restoration-of-rights/. 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. 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. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. Innocence Project clients Bobbie Morman Jr. and Joey Carter also recently received absolute pardons. 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. . Effect of sealing: In general, sealed records may not be disclosed except pursuant to a court order, unless disclosure is specifically authorized by 19.2-392.13(C) These 25 specific authorizations include various law enforcement and related employments, and any purpose for which a background check is required by federal, state or local law. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. State Capitol, 3rd Floor 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. 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. 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 . Va. Stat. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. There are no application fees to apply for a pardon in Virginia. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. The investigation process may take two years or longer. Loss & restoration of civil/firearms rights, IV. 53.1-231.2. A person who resides in the state but with an out of state conviction must also pursue this judicial route to relief in order to hunt in Virginia. A simple pardon is the most common form of pardon in Virginia. However, no expungement because of the requirement that the court find facts justifying guilty finding. Va. Code Ann. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. 19.2-392.12(L). 18.2-308.09. If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. See 19.2-327.15 et seq. 18.2-308.2(A). Acts of violence and crimes where deferred disposition is provided by statute are ineligible. Web3. The order directed further that state employment decisions will not be based on the criminal history of an individual unless demonstrably job-related and consistent with business necessity, or state or federal law prohibits hiring an individual with certain convictions for a particular position. A background check would be conducted only after a candidate has signed a waiver, has been found otherwise eligible for the position, and is being considered for a specific position.. (See https://www.cannabis.virginia.gov/.) 8.01-338 (2) (Persons convicted of treason or a felony disqualified from jury service); Va. Code Ann. Crespo v. Holder, supra, where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. 9.1-910 (Removal of name and information from Registry). However, if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation.9 He also granted a number of absolute pardons (for innocence), conditional pardons (sentence commutations), and medical pardons (terminally ill prisoners). 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