art. 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. 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. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Va. Code Ann. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. 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. We appreciate your patience during this time. Nearly all other misdemeanor convictions, except DUI and domestic assault, are eligible if the person was not convicted of a new crime for a, Class 5 felonies (110 years in prison), Class 6 felonies (15 years in prison), and felony larceny convictions (except certain DUI offenses) are eligible for petition-based sealing if the person has not been convicted of any offense for a, Deferred dismissals for offenses other than marijuana and alcohol possession are also eligible for petition-based sealing. It does not restore firearms rights. WebBobbie Morman Jr. was granted an absolute pardon by Gov. [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]. Any other names and/or aliases you have used. Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or an absolute 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 convicted. An absolute pardon is often a remedy of last resort. In order to be eligible for an absolute pardon, you must have: Pled not guilty throughout the judicial process. Cf. 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. Clean Slate law: Sealing of convictions and non-convictionsIV. 18.2-251. 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.). 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. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. The statute specifies that if a court places an individual on probation under this section, it is considered a conviction for purposes of school suspension under 22.1-315. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. 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. These letters should indicate to what extent the writer knows you and why he or she thinks you should be granted a pardon. After the Parole Board has completed its investigation, it will make a recommendation to the Governor, who then has the final say on whether or not you receive a pardon. 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. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. Governor McAuliffe restored the vote automatically on a case-by-case basis to all those who had completed their sentences, including completion of parole or probation, but since 2016 specifically not including an obligation to pay court debt. Ralph Northam granted an absolute pardon to a client of the Innocence Project at the University of Virginia School of Law on Wednesday. Assure the Governor that you will not revert to criminal activity after you are released, but instead will be a productive member of society. 19.2-392.12(L). He also issued a number of conditional pardons (commutations). An ex parte order may permit a review of the record, but may not permit a copy to be made of it. Id. 1406). General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. Notice of restoration procedure by corrections director. The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. Between 2002 and 2021, the states governors acted aggressively to restore rights to many thousands of individuals, a practice that became essentially automatic during the tenures of Governor Terry McAuliffe (20142018) and Governor Ralph Northam (20182022). 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. 24.2-231 (disqualifying persons convicted of felonies from holding office). No filing fee will be required in the case of indigency. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. See Comm. These grants are all listed in the annual reports of the governor to the legislature cited above. Remember that you must show you have been a good citizen in order to get a simple pardon. See https://www.cannabis.virginia.gov/. Because the court must find facts justifying a finding of guilt, the ruling of Comm. Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. [12] You should talk to an attorney knowledgeable about record expungements to help you with this process. 19.2-392.3, 19.2-392.4(A)(B). 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. See 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. . https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. (See https://www.cannabis.virginia.gov/.) 19.2-392.2(J), or those which were the subject of an absolute pardon (for innocence), see 19.2-392.2 (I). 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 Part II, infra. Va. Code Ann. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. 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. 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. 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. He had been out on parole since 2016. Marijuana offenses D. Vacatur for victims of human traffickingE. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. 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. EligibilityD. However, a board shall have the authority to refuse a license . 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. There will not be a hearing, meeting, or conference on your application. WebAn absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. He had been 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. If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. 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. A conditional pardon, in this respect, is much like parole. Have witnesses who can prove your innocence write letters explaining their version of the events. With an important caveat, a person may not be refused a license or occupational/professional certificate solely because of a prior criminal conviction, unless the criminal conviction directly relates to the occupation or profession for which the license, certificate or registration is sought. [7] Of course, this is not the only extraordinary circumstance that would qualify you for a conditional pardon. See Va. Code Ann. V irginia Gov. 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