You
must petition the appropriate Circuit Court pursuant to Va. Code §18.2-308.2
. 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.
How do I get a felony removed in Virginia?
- Obtaining certified copies of the final disposition of your charge(s).
- Filing a Petition for Expungement in the Circuit Court.
- Paying a filing fee.
- Providing a copy of the petition to the Commonwealth's Attorney.
- Obtaining your fingerprint card from a local law enforcement agency.
How long does a pardon take in VA?
There is no reliable method of predicting how long a pardon petition will take to complete. The
investigation process may take two years or longer
. We appreciate your patience during this time.
Is it hard to get a pardon in Virginia?
An absolute pardon is rarely granted
. In 2004, the Virginia General Assembly passed legislation giving individuals convicted of crime the opportunity to have the court itself consider claims of innocence, even after a conviction.
How do I get a pardon in Virginia?
Simple pardon petitions are sent to the Virginia Parole Board. If the Board finds a petition has merit, it will conduct a thorough investigation. These investigations may take
as long as a year to complete
. If a petition is denied, another cannot be filed for two years after the date of the denial.
How do you get a felony pardon?
- Submit a completed Pardon Application (2 pages) to the Governor's Office. …
- Submit a completed Notice of Intent to Apply for Clemency (1 page) to the district attorney(s) in the county or counties of the conviction(s) for the offense(s) for which you are requesting a pardon.
How long does a felony stay on your record in Virginia?
The most straight-forward answer is:
forever
. Regardless of whether you are only convicted of a first-time offense, such as possession of marijuana or reckless driving, these convictions will stay on your record forever. Virginia law makes no distinction between misdemeanors or felonies in this respect.
How much does it cost to get a felony expunged?
Felony cases are
$740, plus a $175 filing and processing fee
. This includes having the felony reduced to a misdemeanor if you are eligible for a reduction. There is no extra charge for us to ask the court to reduce the felony to a misdemeanor prior to expungement.
Can you get a felony taken off your record?
Felony convictions are not automatically expunged with the passage of time but
require the filing and granting of an Expungement Petition by the Court
. Many felony cases are “wobblers”; that is, they can be reduced to misdemeanors (even after many years) and then expunged in the same court proceeding.
Can I get my criminal record sealed in Virginia?
The state of Virginia does not allow the expungement or sealing
of criminal conviction records unless you were granted an absolute pardon for a crime you did not commit.
What rights do felons lose in Virginia?
Anyone convicted of a felony in Virginia automatically loses
their civil rights
– the right to vote, serve on a jury, run for office, become a notary public and carry a firearm. The Constitution of Virginia gives the Governor the sole discretion to restore civil rights, not including firearm rights.
How long does a pardon take?
On average, it can take
between 30-60 days
for agencies to receive notice of a granted pardon. Assuming that the agencies do not have a backlog, your record should be updated within that time period.
Are you still a felon if pardoned?
The right to vote
is automatically restored to a felon once he or she is released from
prison and successfully discharged from California parole.
What felonies can be expunged?
- sodomy with a child,
- lewd acts with a child,
- statutory rape, and.
- oral copulation with a child.
Who is not eligible for a pardon?
Pursuant to the Rules Governing Petitions for Executive Clemency, which are available on this website, a person is not eligible to apply for a presidential pardon until
a minimum of five years has elapsed since his release from any form of confinement imposed upon him as part of a sentence for his most recent criminal
…
What felonies Cannot be expunged in Virginia?
It excludes
violent felonies and sex crimes and crimes such as domestic abuse and driving under the influence
. In the Senate, SB 5043, which has won bipartisan support, would allow a person to petition the court for expungement of records for a smaller number of crimes and does not call for automatic expungement.
