There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. Keep a copy of everything you send for your records. 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. PORTSMOUTH, Va. (WAVY) Virginia Gov. Notably, court debt will not be a barrier to record clearance under the legislation. 16.1-306(A). Emerson Stevens is the third client of the Innocence Project at the University of Virginia School of Law to receive an absolute pardon from Virginia Gov. Expungement, sealing & other record relief, A. 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. 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). See HB711. 19.2-392.12(L). 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. (See https://www.cannabis.virginia.gov/.) 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 . [9] In 2009, 64 pardons were granted. There is no reliable method of predicting how long a pardon petition will take to complete. The bill takes several steps to alleviate this problem. You should also list any positive things that you have done while in prison. . 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. 19.2392.2:2. See Comm. WebWe subsequently submitted a request for an absolute pardon for Mr. Knight, and on January 14, 2022, Governor Northam granted a conditional pardon to Mr. Knight. There will not be a hearing, meeting, or conference on your application. 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. A conditional pardon, in this respect, is much like parole. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. That said, a board may review records in which a sentence was suspended, and pleas of nolo contendere. 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 Governor can only grant a pardon for a Virginia conviction. V, 12. 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). The prosecutor will supply both types of information instead. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. Va. Code Ann. 53.1-231.2, described below. WebAn absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. The FBIs website also has a list of local FBI offices you can call. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. These are all listed in his end-of-year reports to the legislature. 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. [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. Effective March 1, 2021, in any case, courts may, with the agreement of the Commonwealth, after plea or trial, with or without a guilty finding or determination, and notwithstanding entry of a conviction orderupon consideration of the facts and circumstances of the case, including mitigating factors and the request of the victimdefer entry of a conviction order or a final order, and continue the case on reasonable terms and conditions agreed upon by the parties or imposed by the court. One must be a representative of a victims group. . [10] Your chance of getting a pardon largely depends on your individual circumstances. 53.1-136(5). In March 2021, Governor Ralph Northam issued an executive order pursuant to his pardon power, restoring the vote to 69,000 people who had been released from prison but had not yet completed their supervision, culminating a process of automatic expansion of the franchise by gubernatorial executive order that began in 2013.1 The history of the expansion of this automatic executive restoration program between 2013 and 2016 is traced by the Brennan Center. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. You should provide other relevant information that you wish the Governor to consider. Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . 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. v. Dotson, supra. In 2015, Governor McAuliffe adopted a policy allowing individuals that have had their rights restored to have that restoration noted on their official criminal record if they choose. [5] It is primarily used by an inmate who wants to be released from prison early (in this sense, it is similar to parole). Gov. No more than two members are full-time. If you lost certain rights because of a convictionsuch as your rights to vote, to serve on a jury, and to hold public officethe most sure way to have them restored is not through a pardon but through a type of clemency called Restoration of Rights. The website of the Secretary of the Commonwealth explains that. Police records for marijuana possession of one ounce or less will take effect July 1, 2021. 53.1-134. Your simple pardon application will first be sent to the Parole Board for review, and, if the Parole Board finds that your application has merit, it will conduct a thorough investigation. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. These changes will be entered into the profile when and if these laws are reenacted, since in the meantime the language above governs. Ann. 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. art. Ann. SeeVA HB282 and SB409. In writing your personal statement, keep in mind that the Governor will not be retrying you for the offense. Ralph Northam in a months time. He also issued a number of conditional pardons (commutations). The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. Your entire application should be sent to: Like the process for a simple pardon, there will not be any hearings, meetings, or conferences held on your application. 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. 53.1-231.2, described below. For example, if you receive a pardon in Virginia and then move to another state, that other state might take away your gun rights or require you to register as a sex offender again even if the pardon listed these restrictions on you while you were living in Virginia. However, a board shall have the authority to refuse a license . The Commonwealth shall be made a party to any action under this section. Submit any proof you may have (such as denial letters) to support your claims. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. 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. Absolute pardons are granted, according to the Secretary of the Commonwealth, when the Governor is convinced that the petitioner is innocent of the 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. Deferred disposition for a first drug offense: The court may grant deferred disposition for certain first drug offenses, 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 guilt. In addition, it is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Deferred dispositionsC. 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. 19.2-392.8(b). 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. 54.1-204(A). 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. [8] In most cases you must have tried to get a Writ of Actual Innocence before you can ask for an absolute pardon from the Governor.[8]. He also granted four conditional pardons to enable the recipients to avoid deportation. 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. See Va. Code Ann. 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. 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. [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. The information shall not be disseminated except as provided for in this section. Finally, these two laws would require, beginning July 1, 2025, the Department of Professional and Occupational Regulation must include in its biennial report to the governor certain data related to the criminal history of applicants for each regulatory board, including the number of applicants with a criminal history and cases where denial of a license was based in whole or in part upon the existence of the applicants criminal record. 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. 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. 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