absolute pardon virginia
Ralph Northam, granted Morman an absolute pardon on July 14, 2021. V, 12;see alsoVa. Code 53.1-229. 53.1-231.2. Webpardon. To petition for a simple pardon the applicant must be free of all conditions set by the court for a period of ten years. ContactIII. v. Dotson, supra. . Rather, applying for a pardon in Virginia is simply a matter of writing a letter addressed to the Governor. His successor, Gov. State Capitol, 3rd Floor A pardon, on the other hand, does restore your gun rights if you ever lost them due to a conviction, unless the pardon specifically says otherwise. Also, although not required, we suggest that you submit a few letters of recommendation from credible people (such as your boss) who know you well and can say good things about you. Ralph Northam granted Tillman an absolute pardon Jan. 13. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. 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. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. completes an individualized assessment of the individuals criminal record and current circumstances and determines that the criminal conviction directly relates to the occupation or profession [for which the license is sought]. 723, 170 Va. 153 (Va. 1938), Va. Code 18.2-308.2; see also Dodson v. Commonwealth, 23 Va.App. Employment history for the last ten years including your job title, start and finish date, employers name and address, and your reason for leaving. Va. Code Ann. Ralph Northam on Wednesday. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. [5] In order to qualify for an absolute pardon, you Governor McAuliffe formalized the pardon process, so that applicants fill out a questionnaire that requires information related to the applicants juvenile and adult criminal record, sentence, employment history, educational background, military service, community service, as well as the reason the applicant feels the governor should grant a pardon. Finally, pardons are granted very sparingly in Virginia. 1101(a)(48)(A)(i) to make him deportable since there was no concession or finding of guilt). 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. If the prosecutor refuses or sealing is denied by the court, the individual can still petition to seal the record. These two 2022 laws also provide that a board shall not require an applicant to disclose an excluded record, and an excluded record shall not be the basis for the refusal of a license, certificate, or registration by the board. (An excluded record is any conviction that has been sealed, annulled, dismissed, expunged, or pardoned, and any non-conviction record.) [5] As the name suggests, there are conditions attached to the pardon, which if you violate could cause your pardon to be revoked and you to be thrown back in prison.[5]. 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 V irginia Gov. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. 1406). Out-of-state and federal convictions: According to the Office of the Secretary of the Commonwealth, people who were convicted in another state, and whose rights were restored in the jurisdiction where they were convicted (evidenced by voter registration card), may vote in Virginia. 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. [12] You should talk to an attorney knowledgeable about record expungements to help you with this process. State Capitol, 3rd Floor Upon filing, the court holds a hearing and makes a determination as to whether the person has completed their sentence five years previous, and demonstrated civil responsibility. The court then makes a recommendation to the governor. (804) 692-0104 You should talk to an attorney knowledgeable about gun rights restoration in Virginia if you specifically want your gun rights restored. 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. Office of the Governor There are three types of pardons: 1. A Simple Pardon is a statement of official forgiveness. 2. A Conditional Pardon is available only to people who are currently incarcerated. 3. An Absolute Pardon is rarely granted because it is based on the belief that the petitioner was unjustly convicted and is innocent. 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. WebABSOLUTE 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 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. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. See discussion below of the restrictions on access imposed by the 2021 law. General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. 19.2-392.3. Secretary of the Commonwealth, Simple Pardons. [8], There was a new law passed in 2004 that allows a person who has been convicted to have the court itself consider a claim of innocence; if the court is convinced that the person is truly innocent, the court can issue something called a Writ of Actual Innocence (which is much like an absolute pardon). You can find out more about Restoration of Rights from the Secretary of the Commonwealths website: http://commonwealth.virginia.gov/judicial-system/restoration-of-rights/. If you feel your life is in danger as long as you remain in prison, explain this and perhaps have some witnesses write letters to support your claim. However, A Restoration of Rights certificate does not necessarily restore your gun rights. Va. Code Ann. See Howell v. McAuliffe(Va. 2016). These letters should indicate to what extent the writer knows you and why he or she thinks you should be granted a pardon. 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. The Constitution of Virginia gives the Governor the power to grant pardons, reprieves, commutations, and remission of fines and penalties. 24.2-231 (disqualifying persons convicted of felonies from holding office). Rights must be restored before a convicted felon can request a pardon from the Governor. Va. Code Ann. 2021 record clearing laws in general. The bill takes several steps to alleviate this problem. art. 18.2-308.2(A). v. Dotson, 661 S.E.2d 473, 476 (Va. 2008) (where court required to find evidence of guilt under 18.2-251, charges not otherwise dismissed within the meaning of expungement statute). Pursuant to 19.2-392.2 C, the petition with a copy of the 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. Office of the Secretary of the Commonwealth The prohibition does not apply to applications for law enforcement employment, or to state agencies that are expressly permitted to inquire into an individuals criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. 53.1-136(5). 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. 19.2-392.12(L). Va. Code Ann. 53.1-135. Regulation of private background screeners: The other major component of the bill addresses the regulation of private companies that buy and sell individuals criminal records. Third, the companies must include the date they collected an individual record when they disseminate it. 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. The location where you are confined/incarcerated. Restoration of Rights is basically another type of clemency that is offered in Virginia. 1-231.1 requires the director of corrections to give notice to individuals completing their sentences of the procedure for regaining rights. 1406). 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. Automatic and petition-based expungement of marijuana records: SB1406 further provides that by July 1, 2025, all records of arrests, charges, and convictions for simple marijuana possession, including court records, will be automatically expunged, 19.2392.2:1, and that misdemeanor sale of marijuana paraphernalia will be eligible for a petition-based expungement process. Employers may not inquire about expunged non-conviction records or conviction records expunged in the case of a pardon for innocence. There are no application fees to apply for a pardon in Virginia. His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. The Commonwealth shall be made a party to any action under this section. 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].. [6] For a felony conviction, you must have applied for and been granted a Restoration of Rights before applying for a simple pardon. Ann. 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 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. 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. ProcessF. These are all listed in his end-of-year reports to the legislature. Stricter eligibility standards apply to the statutory restoration procedure through the court. 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. A separate bill providing for marijuana legalization and expungement (SB 1406) authorized the automatic expungement of records related to certain misdemeanor marijuana offenses along with petition-based expungement of all other misdemeanor and many felony marijuana offenses. EligibilityD. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. See Va. Code. . However, a board shall have the authority to refuse a license . CITY OR COUNTY .. STREET ADDRESS OF COURT.. v. Commonwealth of 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. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. FirearmsII. Enter your information and get a neat and clean looking form sent to you. Application-stage inquiries into criminal history by executive branch agencies are also governed by a 2015 executive order which directs all state agencies to remove the question relating to criminal record from employment applications, and encourages similar hiring practices among private employers operating within the Commonwealth and state government contractors.See Executive Order No. If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them. 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. Stricter eligibility standards apply to the statutory restoration procedure through the court. EffectE. 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. Non-conviction recordsF. [5] You must also have been released from your sentence for at least five years before you can apply for a simple pardon. . If you would like to apply for a conditional pardon, and you are an inmate at a prison facility, you, your family member, or your attorney must provide the following information in a letter addressed to the Governor[7]: Refer to the previous section on Simple Pardons to find out how to obtain your criminal records and suggestions on what to include in your letter to the Governor. . WebBobbie Morman Jr. was granted an absolute pardon by Gov. Restores right to vote, sit on jury, hold public office, and serve as a notary public. Frequency of grantsG. See general rules at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/. Because the focus of this site is on pardons, we do not discuss reprieves, commutations, parole, remission of fines and forfeitures, or other types of clemency that may be available in Virginia here. This fast track pardon/restoration scheme purports to impose on the Governors office a 90-day time limit to decide court-approved applications. 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). Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. . Id. Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. There will be conditions attached to the pardon (hence the name), which if you violate can cause your pardon to be revoked and you to be thrown back in prison.[11]. A detailed statement of the facts/circumstances of the offense. ContentsI. Ban-the-Box in public hiringB. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. WebA conditional pardon is an act to modify or end a sentence imposed by the court. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. Persons convicted of violent crimes were required to wait an additional three years. Remember to find out who the current Governor is at the time you apply, so that you address the Governor by his or her correct name. . See Comm. See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. [7] Having a terminal illness with a life expectancy of three months or less would qualify you for a conditional pardon. However you feel about the crime, you have already been found guilty. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. Please carefully read the eligibility requirements, then select the type of pardon for which you are applying. Restoration of rights is the first step in the pardon application process for felony offenders. 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. Marijuana offenses D. Vacatur for victims of human traffickingE. Charges involving mistaken identity or unauthorized use of identifying information; Deferred dismissals for possession of marijuana and underage possession of alcohol; Convictions for the following misdemeanors: underage possession of alcohol, petit larceny, concealment, trespass after having been forbidden, instigating others to trespass, trespass on posted property, possession with the intent to distribute marijuana, possession of marijuana, and disorderly conduct; and. The new laws would prohibit refusal of a license based on a conviction until the board. We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html. 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. 18.2-308.09. However, keep in mind that the absolute pardon does not automatically expunge your conviction; you must still apply to a court for this after you receive the pardon. Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. Candice Reid, Restoration of Rights Director Remember that you must show you have been a good citizen in order to get a simple pardon. The website of the Secretary of the Commonwealth explains that. See alsoPart I-A, supra. See 19.2-327.15 et seq. 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. Ralph Northam granted an absolute pardon to a client of the Innocence Project at the University of Virginia School of Law on Wednesday. 19.2-303.6. art. Va. Code Ann. Va. Code Ann. Ralph Northam on Wednesday. Charges may be dismissed but no authority exists to expunge or seal the record. The Governor is vested with the power to (1) grant reprieves; (2) grant pardons; and (3) commute capital punishment. A pardon may be full or partial, absolute or conditional.. WebIf any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing 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. It is an official statement of forgiveness from the Governor, and while it does not expunge the record, it can be a Your chance of getting a pardon can also depend on who is serving as Governor at the time your application is reviewed; some Governors are simply more lenient than others in handing out pardons. Effective July 1, 2019, an absolute pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. We appreciate your patience during this time. (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the persons political disabilities, may expressly place conditions upon the reinstatement of the persons right to ship, transport, possess or receive firearms. Cf. Explain what your future plans are and how a pardon would help you. This applies also to persons convicted of federal offenses in another state. 19.2-392.2(J), or those which were the subject of an absolute pardon (for innocence), see 19.2-392.2 (I). [7] Of course, this is not the only extraordinary circumstance that would qualify you for a conditional pardon. Id. 9 (S.B. A conditional pardon is available only to a person who is currently incarcerated. [10] Your chance of getting a pardon largely depends on your individual circumstances. An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. A conditional pardon, in this respect, is much like parole. Governor McAuliffe formalized the pardon process, so that applicants fill out a questionnaire that requires information related to the applicants juvenile and adult criminal record, sentence, employment history, educational background, military service, community service, as well as the reason the applicant feels the governor should grant a pardon. Submit copies of your college transcript, high school diploma or GED, military certificates, marriage certificate, honors and awards, and other proof of your rehabilitation and good character. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the persons political disabilities, may expressly place conditions upon the reinstatement of the persons right to ship, transport, possess or receive firearms.. However, an exception to the rule exists if you receive an absolute pardon. Va. Code. art. [5] An absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. 18.2-251. Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. The court holds a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. 16.1-306(A). Each Governor has the discretion to set his or her own guidelines/policies regarding who is eligible for a pardon/clemency and the process to apply.[4]. The prosecutor will supply both types of information instead. v. Dotson, supra. 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. Ralph Northam has granted Portsmouth City Councilman Mark Whitaker an absolute pardon following his 2018 conviction on three counts of forgery. He had been A third type of pardon, a conditional pardon, is granted to those currently incarcerated, and has the effect of commuting the sentence. 53.1-136(5), 53.1-231. See also the discussion in the preceding section of restrictions on background screening companies imposed by the 2021 law. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. Notice of restoration procedure by corrections director. The new laws would prohibit refusal of a license based on a conviction until the board. The governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. WebAn 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. For each conviction (misdemeanor or felony) you have ever received: The date you will be eligible for parole. He also granted four conditional pardons to enable the recipients to avoid deportation,and a number of medical pardons (commutations). 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. 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. 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 Richmond, VA 23219. Secretary of the Commonwealth, Conditional Pardons. WebPardon practice is unique it is less a legal remedy and more a small political campaign. Civil rights may be regained only by action of the governor under his constitutional pardon power, through restoration of rights or an absolute pardon. Circuit Court . 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. 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. 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. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. 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). 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. Because the court must find facts justifying a finding of guilt, the ruling of Comm. See, e.g., Report dated February 9, 2021. Va. Code Ann. Record Clearing .org - post conviction information, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/clemency.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/pardons.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/simplePardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/conditionalPardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/absolutePardon.cfm, http://www.sentencingproject.org/doc/File/Collateral%20Consequences/Virginia.pdf, http://www.timesdispatch.com/news/article_006dacdd-5f85-5e7e-8a87-abdbb83eac03.html, https://www.pardon411.com/w/index.php?title=Virginia_Pardon_Information&oldid=788. Sit on jury, hold public office, and serve as a notary public ( misdemeanor or felony ) have... The discussion in the preceding section of restrictions on background screening companies imposed by court... A convicted felon can request a pardon would help you with this process legal remedy and more small... Northam, granted Morman an absolute pardon Jan. 13 third, the measure was reintroduced 2022! You have already been found guilty of violent crimes were required to wait an additional three years illness! Pardons, reprieves, commutations, and serve as a notary public neat..., a few of which have been granted for people in the application. Knows you and why he or she thinks you should choose individuals who are not related to you of,. Of pardons that you submit a detailed and genuine personal statement detailing your reasons requesting. Governors decision is final, which means you can apply for a simple pardon is an official of! Authority exists to expunge or seal the record an absolute pardon is often a remedy of last resort a if. Juvenile court records are confidential and only accessible by statute or court order a partial pardon to person... Have terminal illnesses very difficultperhaps the most difficult of the crime and were wrongfully convicted of a in... Discussion in the state prison system who have terminal illnesses Virginia is simply matter! A number of medical pardons, a restoration of rights from the Secretary of the crime, you should to. Pardon largely depends on your individual circumstances adjudication was not a conviction until the.... To vote, sit on jury, hold public office, and remission of fines and penalties ruling. Grant pardons, a restoration of rights from the Governor the emergency the! Petition for a pardon for which you are unhappy with the consent of Secretary. New laws would prohibit refusal of a license a conviction for purposes of 8 U.S.C to., if you receive an absolute pardon Jan. 13 imposed by the court must find facts justifying finding... The power to grant pardons, a few of which have been for. Find out more about restoration of rights from the Secretary of the Commonwealth that! There are three types of information instead is based on a conviction for purposes of 8.! 24.2-231 ( disqualifying persons convicted of pardons are granted very sparingly in Virginia of his final acts in,! Is very difficultperhaps the most difficult of the crime, you have DNA evidence conclusively proving you innocent! To reduce a sentence imposed by the 2021 law have: Pled guilty. Immigration documents and remind the Governor the emergency of the crime, you must have: Pled not under. Recommendation to the rule exists if you have DNA evidence conclusively proving you were innocent of the for. Eligibility standards apply to the office of the Commonwealth, then select the of... Commutations, and remission of fines and penalties Mark Whitaker an absolute pardon is available only to person. Remedy and more a small political campaign the petitioner was unjustly convicted and is innocent purports impose. Court order would help you with this process to apply for a in! 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