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). [13] Nevertheless, a pardon isnt necessarily the only way to get your gun rights restored. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. reid@governor.virginia.gov, Jennifer Crown D. Vacatur for victims of human trafficking. 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. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. The court, in a 4-to-3 decision, disputed the governors assertion that his clemency power was absolute under the states Constitution. WebBobbie Morman Jr. was granted an absolute pardon by Gov. He had been 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. 19.2-303.2. art. EffectE. Va. Code Ann. Loss & restoration of civil/firearms rights, IV. If the measure fails again in 2023, the amendment process would have to start over. 9 (S.B. Id. 18.2-254.1, -254.2, -254.3. [9] If you want a pardon for a federal conviction, you must do that through the United States Department of Justice, Office of the Pardon Attorney (see our page on this site on federal pardons). V irginia Gov. Stricter eligibility standards apply to the statutory restoration procedure through the court. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. 2021 record clearing laws in general. Provides for sealing nearly all midemeanors (ex. 19.2-392.3, 19.2-392.4(A)(B). No more than two members are full-time. 19.2-392.16. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. 18.2-308.2(A). A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. 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. For each conviction (misdemeanor or felony) you have ever received: The date you will be eligible for parole. See general rules at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/. Office of the Governor Loss & restoration of civil/firearms rightsA. 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. However, an exception to the rule exists if you receive an absolute pardon. You essentially must have pled not Self-explanatory forms are there for you to access and fill out. 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. An absolute pardon is generally granted only for innocence. 19.2-392.2(J), or those which were the subject of an absolute pardon (for innocence), see 19.2-392.2 (I). Va. Code Ann. AdministrationC. Va. Stat. 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. There is no reliable method of predicting how long a pardon petition will take to complete. 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. 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. 804-692-2542. [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). An explanation as to why you should be granted an absolute pardon. Cf. Assure the Governor that you will not revert to criminal activity after you are released, but instead will be a productive member of society. (For example, Vince Gilmer, Christopher Sharikas) Absolute pardon of those convicted whove completed their sentence and have a strong innocence claim. (See https://www.cannabis.virginia.gov/.) 53.1-231.2. 1101(a)(48)(A)(i) to make him deportable. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. You can find out how to do this by calling the FBIs headquarters in Washington, D.C., at (202) 324-3000, or logging onto its website at http://www.fbi.gov. 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. 19.2-303.6. Interested persons are invited to contact the Secretarys office by email (pardons@governor.virginia.gov) or by phone (804-692-2542.) 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. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. 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. Va. Code Ann. You should provide other relevant information that you wish the Governor to consider. The bill establishes a Sealing Fee Fund, which will collect filing fees from individuals who can afford them and use that money to pay court-appointed attorneys. Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, 18.2-250.1. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. 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). Governor of Virginia Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or an absolute pardon. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. An alternative process allows for petition to the local circuit court or court of conviction to restore the right to vote (unavailable for those convicted of violent felonies, drug-trafficking, or election fraud; five year waiting period). 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. 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, Innocence Project clients Bobbie Morman Jr. and Joey Carter also recently received absolute pardons. Your entire application/petition, along with all supporting documents and letters of recommendation, should be mailed to: The Honorable [current Governors name] [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. See Effect section below. A separate bill providing for marijuana legalization and expungement (SB 1406) authorized the automatic expungement of records related to certain misdemeanor marijuana offenses along with petition-based expungement of all other misdemeanor and many felony marijuana offenses. If you feel your life is in danger as long as you remain in prison, explain this and perhaps have some witnesses write letters to support your claim. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . 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. 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. 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, e.g., Report dated February 9, 2021. 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