This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
Virginia USLegal Pamphlet on Pardons or Clemency
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FAQ
A pardon restores rights that you lost upon being convicted, but it does not ?erase? your criminal record. To clear your criminal history completely, you must have an expungement. A pardon, however, is a necessary step in the process toward expungement for some serious crimes.
A simple pardon is an act by the Governor on behalf of the Commonwealth where official forgiveness is granted for a crime for which a person has been convicted. The Virginia Governor's power of executive clemency only extends to Virginia convictions.
There are four possible paths to getting your gun rights restored in Virginia. The path you take will largely depend on the nature of your conviction. A full pardon from the governor of Virginia has been granted to you and the pardon does not place any gun restrictions upon you.
Clemency is an important part of the criminal justice system that can: incentivize accountability and rehabilitation; increase the safety of the people working and serving sentences in our jails and prisons; increase public safety by removing counterproductive barriers to successful reentry; and.
Clemency is a general term used for the act of reducing the penalties of a crime, similar to a commutation. Also, pardons are actually considered a form of clemency. If you receive a pardon, you are always receiving clemency, but if you receive clemency, you are not always receiving a pardon.
Among the reasons given for the granting of clemency in capital cases are: mental illness of the defendant, a co-defendant who was given a lesser sentence, inadequate legal representation, and evidence that the defendant may have been wrongly convicted.
In order to be eligible for a simple pardon, you must: Be free of all conditions set by the court (including any probation period, suspended time, or good time behavior) on all convictions followed by a waiting period of five years. Have been granted your Restoration of Rights before petitioning for the pardon.
Restoration of Key Rights If you are convicted of a felony, you will lose your right to own a gun, receive a passport, serve on a jury, and hold public office. Receipt of a pardon restores these rights, enabling you to become an integral member of your community.
