19.2-392.3, 19.2-392.4(A)(B). Make sure you keep a copy of everything you send for your records. Richmond, Virginia 23218-2454 No more than two members are full-time. The Parole Board consists of five members appointed by the governor to open-ended terms. Pursuant to 19.2-392.2 C, the petition with a copy of the These are all listed in his end-of-year reports to the legislature. Provide any other relevant information that you wish to be considered in your application. Va. Code Ann. Finally, keep in mind that the effects of a pardon can vary from one state to the next. Va. Code Ann. SeeVa. Code 53.1-40.02. . D. Vacatur for victims of human trafficking. (804) 692-0104 Va. Const. There are no application fees to apply for a pardon in Virginia. State Capitol, 3rd Floor See Va. Code. Marijuana offenses D. Vacatur for victims of human traffickingE. 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. Minimum waiting period is 15 years, and for some offenses it is 25 years. AuthorityB. You should talk to an attorney knowledgeable about gun rights restoration in Virginia if you specifically want your gun rights restored. ProcessF. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. [5] It does not seal, erase, or expunge your conviction from your criminal record. 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. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. 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/. See Part II, infra. 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. 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 . Expungement of police and court records by petition is authorized under Va. Code Ann. 53.1-136(5), 53.1-231. 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). If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. 16.1-306(A). Explain what your future plans are and how a pardon would help you. 19.2-303.2. On Aug. 10, Northam granted an absolute pardon to Joey Carter, who served 25 years on charges of first-degree murder, attempted robbery, robbery and statutory burglary. ContentsI. Tell the Governor how your conviction has negatively affected you and/or your family. 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. (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the persons political disabilities, may expressly place conditions upon the reinstatement of the persons right to ship, transport, possess or receive firearms. Cf. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. 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. If immigration is not an issue for you, this benefit is obviously irrelevant. See Va. Code Ann. 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 The governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. 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. However, if you are denied, you can reapply two years later after the denial.[6]. 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. In the event the petition is not granted, the person shall wait at least 24 months from the date of the denial to file a new petition for removal from the Registry. An absolute pardon goes even further than the two above. Enter your information and get a neat and clean looking form sent to you. 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.). 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. 54.1-204 (Prior convictions not to abridge rights). 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. Fourth, the companies must allow individuals to request a copy of their own criminal history record information from the company. 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. 19.2-303.6. WebPardon practice is unique it is less a legal remedy and more a small political campaign. 54.1-204 (Prior convictions not to abridge rights). 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. See 16.1-278.8. Candice Reid, Restoration of Rights Director See Va. Code Ann. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. These letters should indicate to what extent the writer knows you and why he or she thinks you should be granted a pardon. An absolute pardon is generally granted only for innocence. Office of the Governor Finally, pardons are granted very sparingly in Virginia. Firearms rights may be restored by pardon or by gubernatorial restoration of rights, 18.2-308.2(B), or by court order in the county of the applicants residence if other rights have been restored. These are all listed in his end-of-year reports to the legislature. Cf. Governor of Virginia 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. Automatic and petition-based expungement of marijuana records: SB1406 further provides that by July 1, 2025, all records of arrests, charges, and convictions for simple marijuana possession, including court records, will be automatically expunged, 19.2392.2:1, and that misdemeanor sale of marijuana paraphernalia will be eligible for a petition-based expungement process. WebABSOLUTE PARDON 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 General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. 18.2-308.09. An explanation of the clemency system can be found at. In the event of dismissal, expungement may follow if the prosecutor agrees: Upon agreement of all parties, a charge that is dismissed pursuant to this section may be considered as otherwise dismissed for purposes of expungement of police and court records in accordance with 19.2392.2, and such agreement of all parties and expungement eligibility shall be indicated in the final disposition order. Richmond, VA 23219. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. 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