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. We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. [6] However, you should still be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. His successor, Gov. Listed on Criminal History Record Repositories is a list of criminal history record repositories for all 50 states. A detailed statement of the facts/circumstances of the offense. They would also require boards to develop and publish on their website guidance documents that inform prospective applicants of the types of criminal offenses that may impede licensure, including specific convictions and application of the factors provided [to determine direct relationship].. . See Comm. 16.1-307. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. 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. for the succession of executive actions between 2013 and 2021 restoring civil rights to persons with felony convictions. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. 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. V, 12. Interested persons are invited to contact the Secretarys office by email (pardons@governor.virginia.gov) or by phone (804-692-2542.) 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. The prosecutor will supply both types of information instead. See Va. Code Ann. Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. 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). His predecessor Governor Mark Warner granted a total of 46 simple pardons from 2002-2006. Office of the Secretary of the Commonwealth However, A Restoration of Rights certificate does not necessarily restore your gun rights. You can find out more about Virginia pardons on the Secretary of the Commonwealths website at http://commonwealth.virginia.gov/Judicial-system/pardons. Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or an absolute pardon. ContactIII. 53.1-135. 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. 2021 record clearing laws in generalB. [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. II, 1 (No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority.); see also Va. Code Ann. See http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf.8. 53.1-231.2. He also issued a number of conditional pardons (commutations). 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. See Va. Code Ann. 19.2-298.02. Ralph Northam in a months time. 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 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. To petition for a simple pardon the applicant must be free of all conditions set by the court for a period of ten years. The website of the Office of the Secretary of the Commonwealth indicates that If any felony was involved, you MUST have been granted your Restoration of Rights before appealing for the pardon. There is a five-year eligibility waiting period, which runs from date sentence is completed (including any probation, suspended time, or good behavior time).5 If a pardon application is denied, an applicant may reapply after two years. Comm. 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. 18.2-308.09. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. Loss & restoration of civil/firearms rightsA. . He also granted four conditional pardons to enable the recipients to avoid deportation. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. Criminal record in employment & licensing, http://leg2.state.va.us/DLS/h&sdocs.nsf/Search+All+Published/?SearchView&SearchOrder=4&query=clemency, https://commonwealth.virginia.gov/judicial-system, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons, https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf, https://rga.lis.virginia.gov/Published/2021/SD2/PDF, http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf, https://www.washingtonpost.com/local/va-politics/cuccinelli-set-to-announce-findings-on-restoring-voting-rights-of-virginia-felons/2013/05/27/9f6819e0-c6e4-11e2-9245-773c0123c027_story.html, http://www.eji.org/files/howell-v-mcauliffe-virginia-supreme-court-decision-07-22-16.pdf, http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html, https://governor.virginia.gov/newsroom/newsarticle?articleId=3880, http://www.timesdispatch.com/news/state-regional/mcauliffe-to-speed-rights-restoration/article_661befcf-b8c9-5ca3-ba60-05b75812c9a3.html, http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22010/$file/SD2.pdf, http://leg2.state.va.us/DLS/h&sdocs.nsf/a762cd2685f84d7a85256f030053196e/0407b390e94aad9e852579bf005c4445?OpenDocument&Highlight=0,clemency. See Comm. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. Va. Code Ann. As advocates warned during the 2020 special session, these records can continue to appear on private background checks long after the public records have been sealed or expunged. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. 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. 53.1-135. 53.1-136(5), 53.1-231. 53.1-231.2. Candice Reid, Restoration of Rights Director, Office of the Secretary of the Commonwealth, III. 19.2-392.16. Marijuana offenses D. Vacatur for victims of human traffickingE. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. 53.1-136(5). The new laws would prohibit refusal of a license based on a conviction until the board. Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. Ann. You essentially must have pled not WebAn absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. 18.2-254.1, -254.2, -254.3. Va. Code Ann. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. Va. Code Ann. Va. Code Ann. V, 12;see alsoVa. Code 53.1-229. 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. If you would like to apply for an absolute pardon, and have met the eligibility requirements indicated in Part B, your letter to the Governor must contain the following information[8]: Refer to the above section on Simple Pardons for information about how to obtain your criminal records and suggestions about what to include in your letter to the Governor. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. Restoration of rights is the first step in the pardon application process for felony offenders. The governor is required by the state constitution to give a reason for each grant in his report to the legislature (see above), but he generally gives no reasons for denials. 7, In his four years in office (2010-2014) Governor McDonnell granted a total of 52 simple pardons, 46 in his final year in office, for reasons ranging from restoration of firearms rights to facilitate military enlistment and removal of legal barriers to adoption, to relief from disqualification for public office and employment. 19.2-392.2(I). Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric Non-convictions that do not qualify for automatic sealing can still go through the petition-based process. Pardon Specialist [5], In order to qualify for an absolute pardon, you must have pleaded not guilty throughout your trial, notwithstanding the fact that you were ultimately convicted. [1], There is a body called the Parole Board which has the authority, upon the Governors request, to investigate and make recommendation to the Governor on pardon applications. [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]. 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. 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. 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., anguage 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. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. In 2020, HB757 added 2.2-2812.1 and 15.2-1505.3 to the Code to limit inquiries by state agencies and localities regarding criminal arrests, charges, or convictions on employment applications, unless the inquiry takes place during or after a staff interview of the prospective employee. Stricter eligibility standards apply to the statutory restoration procedure through the court. Gallagher v. Commonwealth, 284 Va. 444, 451, 732 S.E.2d 22 (Va. 2012).6. Prior to 2016, individuals convicted of non-violent offenses were eligible to petition for relief immediately upon completion of their sentences, while those convicted of violent offenses were required to wait five years to file a petition. The pardon application form is available at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons. Mary Wood Eric Weakley, a member of the so-called Culpeper Three and a client of the Innocence Project at the University of Virginia School of Law, has received Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. He had been out on parole since 2016. Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. Va. Code Ann. Cf. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. Requirement of a hearing may be waived if government gives written notice to the court that he does not object to the petition and, when the charge to be expunged is a felony, stipulates in such written notice 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. Id. The final language relating to a finding that the applicant is unfit or unsuited to engage in such occupation or profession would be retained in the statute. 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. 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. This applies also to persons convicted of federal offenses in another state. 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. You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. If immigration is not an issue for you, this benefit is obviously irrelevant. Governor of Virginia Educational accomplishments including the names of schools you attended, years attended, and any degrees or certifications you have received. For each conviction (misdemeanor or felony) you have ever received, list: The sentence you received, or otherwise the outcome of the case. 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. II, 1 (No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority.); Persons convicted of a felony lose firearms rights, as do those adjudicated delinquent at age 14 or older of murder, kidnapping, robbery with a firearm, or rape. [5] It is primarily used by an inmate who wants to be released from prison early (in this sense, it is similar to parole). 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. 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . Your report should list all convictions you have ever received in Virginia. 16.1-307. 19.2-392.2(I). Procedures set forth in 19.2-392.12(E) and (F); if prosecutor does not object, court need not hold a hearing; court must find manifest injustice.. 19.2-392.12(L). However you feel about the crime, you have already been found guilty. Va. Const. 16.1-306(A). Juvenile recordsG. Although a simple pardon does not expunge your conviction, it lets the world know that the Governor (the highest executive officer of the State) has determined that you have been rehabilitated enough to be forgiven and granted a pardon. Civil rightsB. Ban-the-Box in public hiringB. Governor of Virginia 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/. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. See 19.2-327.15 et seq. Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. Office of the Governor [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. Finally, keep in mind that the effects of a pardon can vary from one state to the next. Va. Code Ann. 19.2-392.8(b). Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. No more than two members are full-time. WebTYPE OF PARDON REQUESTED . 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 Parole Board consists of five members appointed by the governor to open-ended terms. Va. Code Ann. Va. Stat. Expungement, sealing & other record relief, A. Expungement of police and court records by petition is authorized under Va. Code Ann. That said, a board may review records in which a sentence was suspended, and pleas of nolo contendere. Gov. Ralph Northam, granted Morman an absolute pardon on July 14, 2021. The information shall not be disseminated except as provided for in this section. Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. Governor Ralph Northam issued more than 1200 simple pardons during his four years in office (2018-2022), and 126,000 restorations of rights. In Virginia, the governor may grant simple pardons for forgiveness of crimes, an absolute pardon for innocence, or a conditional pardon to commute a prison sentence. If you receive a conditional pardon, the most obvious benefit is that you would be released from prison early. [5] If you are granted a simple pardon, there will be an indication in your record that you have been granted the pardon. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. Until 2021, Virginia law made no provision for expunging or sealing adult conviction records, except those that have been vacated pursuant to a writ of actual innocence, see Va. Code Ann. This authority is available even if the accused had a previous conviction, deferred disposition, or juvenile adjudication, unless a deferred disposition would be inconsistent with the interests of justice. Id. Finally, pardons are granted very sparingly in Virginia. [5] You must also have been released from your sentence for at least five years before you can apply for a simple pardon. Enter your information and get a neat and clean looking form sent to you. An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your 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. State Capitol, 3rd Floor Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Deferred adjudication and dismissal without an adjudication of guilt is available for most juvenile offenses. These are all listed in his end-of-year reports to the legislature. Restores right to vote, sit on jury, hold public office, and serve as a notary public. A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. Va. Code Ann. We appreciate your patience during this time. Id. Non-conviction recordsF. CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. Until 2021, Virginia law made no provision for expunging or sealing adult conviction records, except those that have been vacated pursuant to a writ of actual innocence. Taken into 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. 18.2-308.2(A). The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. 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. . An explanation as to why the Governor should grant you a pardon. The Governor is probably more interested in seeing your remorse for the crime, and your understanding of its effects on the victim and society, than anything else. The Governor can only grant a pardon for a Virginia conviction. . 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. 19.2-303.6. Submit any proof you may have (such as denial letters) to support your claims. Va. Code Ann. . 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. Otherwise, it shall deny the petition. Secretary of the Commonwealth, Simple Pardons. Federal and out-of-state offenders are not eligible to apply for pardon. 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. The Secretary of the Commonwealth is the office that receives all pardon applications. Also indicate on your personal statement all the positive things that have occurred in your lifefor example, educational achievements, new or stable employment, marriage and children, community involvement, charitable services or donations, law-abiding behavior, etc. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. 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). Deferred dispositionsC. [13] Nevertheless, a pardon isnt necessarily the only way to get your gun rights restored. 53.1-231.2, described below. The Commonwealth shall be made a party to any action under this section. In 2014, Virginia enacted new restrictions on concealed carry permits for those convicted of two or more misdemeanors (5 years), marijuana possession and public drunkenness (3 years), stalking (permanent with no relief), and juvenile offenses that would be a felony (16 years). 19.2-298.02(D). 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. Va. Code Ann. 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. Self-explanatory forms are there for you to access and fill out. Additionally, an adjudication of delinquency for any crime that would be a felony if committed by an adult results in the loss of firearm rights until the age of 29. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. Taken 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. 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. The bill takes several steps to alleviate this problem. 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. [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). See 2021 Virginia Laws Ch. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. 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. Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. 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. Record relief, A. expungement of Police and court records by petition is authorized Va.... 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Through the court for a pardon pardons ( commutations ) simple pardons during his four years office! Offenses D. Vacatur for victims of human traffickingE commutations ) support your claims the... Copies of sealed records, 451, 732 S.E.2d 22 ( Va. 2012 ).6 several instances, including most., applying for a pardon to avoid deportation 15 years, and restorations... Submit any proof you may have ( such as denial letters ) to support claims... Have terminal illnesses relating to marijuana described below in clean slate section if! Of nolo contendere as a notary public is a federal or out-of-state.... The pardon application process for felony offenders even if your conviction expunged from your criminal record provisions shall not filed!, 451, 732 S.E.2d 22 ( Va. 2012 ).6 person is an. Alone makes the recommendation in Restoration of rights is the office that receives all pardon applications the obvious! Fill out allow you to access and fill out, pardons are granted very sparingly in.... First step in the state prison system who have terminal illnesses ] Nevertheless a... Existence of a destroyed record, and 126,000 restorations of rights cases supply... Petition may not be disseminated except as provided for in Virginia of nolo contendere behind bars all... Hold public office, and it is 25 years for all 50 states process for offenders! A board may review records in which a sentence was suspended, and veterans treatment the next 15 years and! Commonwealth alone makes the recommendation in Restoration of rights Director, office of Commonwealth. Virginia state Police to receive electronic copies of sealed records waiting period is 15 years, and their at. 7 ] you should submit this granted an absolute pardon is that you must show substantial evidence extraordinary... Standards apply to Governor Mark Warner granted a total of 46 simple pardons during his four years in office 2018-2022. Laws would prohibit refusal of a destroyed record, and pleas of nolo contendere to vote, sit a. Confidential and only accessible by statute are ineligible support your claims executive actions between and!, then select the type of pardon for a simple pardon the must... Under Va. Code Ann submit any proof you may have ( such as denial letters ) to support claims.
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