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VIRGINIA CIVIL RIGHTS RESTORATION PROCESS NUTS & BOLTS

VIRGINIA CIVIL RIGHTS RESTORATION PROCESS NUTS & BOLTS. Advancement Project Richael Faithful, Esq. & Ami Shah September 2012. A RESOURCE FOR VIRGINIA COMMUNITY MEMBERS & PARTNERS. OVERVIEW. Disenfranchisement law Rights restoration process Conviction history

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VIRGINIA CIVIL RIGHTS RESTORATION PROCESS NUTS & BOLTS

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  1. VIRGINIA CIVIL RIGHTS RESTORATION PROCESS NUTS & BOLTS Advancement Project Richael Faithful, Esq. & Ami Shah September 2012 A RESOURCE FOR VIRGINIA COMMUNITY MEMBERS & PARTNERS

  2. OVERVIEW • Disenfranchisement law • Rights restoration process • Conviction history • Rights restoration eligibility • Short form instructions • Additional short form documents • Long form instructions • Additional long form documents • More resources

  3. Disenfranchisement law • Virginia remains one of only four states that forever strip citizens of their voting rights after a felony conviction. • The law can be found in the state constitution. “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.” Va. Const. art. II, §1.

  4. Disenfranchisement law • There are three other civil rights that stripped away once a person is convicted of a felony: • Right to hold public office • Right to serve as a juror • Right to be appointed as a notary • The right to hold public office, like the right to vote, is found in the state constitution. • The right to serve as a juror and right to be appointed as a notary are found in state law.

  5. Disenfranchisement law • Voting disenfranchisement has been in Virginia’s constitution since 1850. • The most significant amendments were in 1902 as part of the “southern strategy” to exclude Black men from the franchise. • The Governor has the power to restore individuals’ civil rights as part of her/his clemency power -- all decisions about how the system is setup and whose rights are restored are up to her/him.

  6. Disenfranchisement law • As of 2010, 5.85 million people were disenfranchised due to a previous conviction. • Among the millions impacted, an estimated • Over 350,000 Virginians have had their civil rights taken away. • 20% of African-Americans in Virginia are disenfranchised. • At least twice as many Latinos in Virginia are disenfranchised compared to Whites.

  7. Rights Restoration • There are two rights restoration methods: direct application or circuit court petition. • Handled by the Secretary of the Commonwealth • 90% approval rate for 2 yr apps, 80% for 5 yr apps. • Direct applications take 60 days to process from the date SOC considers it complete (5 – 14 days from receipt). • This is much shorter than the circuit court method, and why the direct application method is recommended. • If denied, an applicant must wait one full year to re-apply.

  8. Rights Restoration • Three main steps for • direct application process: • Eligibility • Application • Documentation

  9. Conviction History • It’s important to know your conviction history to determine eligibility. A single detail can make you ineligible. • Some documentation of your conviction history is required for rights restoration application as well. • Three ways to collect history: • Supreme Court of Virginia website • Certified sentencing orders • Virginia State Police background check

  10. Conviction History • Supreme Court of Virginia website General District Court cases (misdemeanors): http://epwsgdp1.courts.state.va.us/gdcourts/ Circuit Court cases (felonies): http://wasdmz2.courts.state.va.us/CJISWeb/circuit.html • To find public conviction history, search the name at time of conviction in the databases. • The databases are organized by each general district and circuit court, therefore, it helps to know which court or where a person was convicted. • Scroll for names in alphabetical order.

  11. Conviction History • Supreme Court of Virginia website limitations • Not every court is online so conviction information will not be on the website database. • There is not a uniform way by which courts input information so it is recommended to try spelling variations, middle names, etc. • If information is not online, it’s recommended to use the other two methods for collecting conviction history.

  12. Conviction History 2. Certified Sentencing Orders: judgments from courts with official seal that has criminal sentence information. • Request certified sentencing orders from each circuit court in which a person has been convicted of a felony. • A request may be made in-person, by mail, and some courts allow phone requests (you may call the court to ask). • See Advancement Project Civil Rights Restoration Guide Appendix E for a circuit courts listing.

  13. Conviction History 2. Certified Sentencing Orders, cont’d • They cost about $2 to certify each sentencing order. • This is a good option for people with not many convictions. • Certified sentencing orders are required for some rights restoration applications and optional, but strongly recommended, for others so it is worth getting copies before starting an application, if possible.

  14. Conviction History 3. Virginia State Police Background Check • It is the most comprehensive criminal record. • A similar record is used by the Secretary of the Commonwealth to determine applicants’ criminal histories. • It costs $15 (payment by credit card or money order). • It takes 10-14 days to process and receive history in the mail.

  15. Rights Restoration Eligibility • There are 9 questions that help determine whether a person is eligible to apply for rights restoration today. • Eligibility is mainly based on whether a person has completed her/his entire criminal sentence and waited a mandatory 2 or 5 year waiting period. • It is important to know that waiting periods start over with a felony conviction and misdemeanor conviction, if the misdemeanor conviction is after the completion of the felony sentence.

  16. Rights Restoration Eligibility • Have you been convicted of a felony? • The key question is whether a person has been stripped of their rights at all. Disenfranchisement is only triggered by a felony conviction. • A felony is a serious crime classified by state or federal law. In contrast, a misdemeanor is a less serious crime classified by state or federal law. • A conviction is a guilty verdict from a trial, or plea bargain agreement to conviction. It is not just an arrest or charge. A person may be charged with one crime but convicted of another.

  17. Rights Restoration Eligibility 2. In which state was a person convicted? • If a person was convicted of a felony in Virginia court (state court, Eastern Federal District Court or Western Federal District Court) they can move on to Question 3. • If a person was convicted of a felony is another state, you must check the law of the state where the person was convicted. • Many states have automatic restoration rights restoration laws, which means that once a person completes her/his sentence, then their rights are automatically restored.

  18. Rights Restoration Eligibility 2. In which state was a person convicted, cont’d? • To determine whether a person has had their rights restored, use Advancement Project’s State Law Quick Guide (covering 6 states) & the Sentencing Project Disenfranchisement Law chart (on page 3 of the resource). • If rights have been restored, s/he does NOT need to apply for rights restoration, and can register to vote, but MUST disclose felony conviction(s) on registration. • If rights NOT restored, then s/he must apply for rights restoration, regardless of where convicted.

  19. Rights Restoration Eligibility 3. Have you applied for rights restoration within the last year? • If so, and your application was denied, you must wait one full year before re-applying. • A denial is a letter from the Governor that s/he received your application, reviewed it, and rejected it. • A denial does NOT include returned applications that were incomplete or submitted before you become eligible (e.g. have not waited 2 or 5 years depending on your conviction(s)).

  20. Rights Restoration Eligibility 4. Have you completed your entire sentence? • To have your waiting period begin, you can no longer be under correctional supervision for your felony conviction. • Sentence conditions include court-mandated community service, rehabilitation, house arrest, etc. • Court supervision does NOT apply to suspended sentences where a person does not need to regularly check-in with a probation/parole officer. • You must also pay all fines, restitution and other court-costs related to your criminal conviction that is listed in your sentencing order (e.g. fines, restitution, prosecution fees).

  21. Rights Restoration Eligibility 5. Have you finished your mandatory waiting period? • Your waiting period begins the day, month and year that you complete the last condition of your sentence. • The waiting period is 2 years or 5 years depending on kind of conviction, NOT the specific circumstances of the crime of which you were convicted. • To determine your waiting period, check the Secretary of the Commonwealth’s list (Advancement Project’s Civil Rights Restoration Guide, Appendix C).

  22. Rights Restoration Eligibility 6. Have you had a Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) conviction in the last five years? • If you have had a felony or misdemeanor DWI or DUI conviction within the last five years, you must five years from the conviction date before you are eligible to apply. • If your felony waiting period overlaps with your DWI or DUI conviction, you must wait for whichever waiting period is longer.

  23. Rights Restoration Eligibility 7. Have you been convicted of a misdemeanor since completing your felony sentence? • If “yes,” then your waiting period starts over from the date of your sentence completion (2 years or 5 years). • If you have a case that is pending you must wait until it is resolved until you can apply.

  24. Rights Restoration Eligibility To summarize, you are eligible if: • You have a felony conviction(s) in Virginia OR have a conviction from another state but did not have your rights restored; • You have not applied and been rejected in the last year; • You have completed all the conditions of your sentence, including supervision and court-assessed costs of your criminal conviction(s); • You have waited 2 year or 5 years depending on your conviction; • You have not been convicted of a DUI/DWI in the past 5 years; • You have not been convicted of a misdemeanor since completing your felony sentence AND do not have any pending charges.

  25. Short Form Instructions • One page long. • You need to know conviction date(s) & end date for supervision. • You must be sign the application in front of a notary (that is what “affidavit” means on the form). • A notary is impartial witness appointed by the Commonwealth of VA (see VA Civil Rights Restoration Guide, Appendix G). • You will need state-issued identification for notary to verify your identity.

  26. Additional Short Form Documents • Certified sentencing orders • They are optional for short form applications but strongly recommended to include. You need one for each conviction. • If orders are not included in application, it may delay processing. • Advancement Project has request form letters that can be used for in-person, phone, or mail requests to the circuit courts. Please call or email for requests.

  27. Additional Short Form Documents • 2. Probation/parole letter. • This is optional for short form applications but is strongly recommended. • If a letter is not included in application, it may delay 60-day turnaround. • Letters should confirm date of release from supervision. It does not need to be certified. • The request should be submitted to the appropriate district office, determined by location: http://www.vadoc.state.va.us/community/ • Advancement Project has request form letters that can be used for in-person, phone, or mail requests to the district offices.

  28. Long Form Instructions • Three pages. • Page 1 – basic information including conviction date(s) and end of supervision date. • Page 2 – document checklist and affidavit (signed in front of a notary). • Page 3 – cover letter of petition (date & sign – no notary required).

  29. Additional Long Form Documents • Clemency Letter • Explaining why you deserve your rights restored. • Attach to the “Letter of Petition.” • Letters of Reference (3 separate letters) • Non-family members (by law or blood). • References must not have a felony conviction. • Letter must speak to your good character (why you are a changed person). • Attach the letter to the “Letter of Reference” form letter that is provided in the application, which can serve as a cover letter to the longer handwritten or typed letter. • Certified sentencing order • See slide 21. • Probation/parole letter • See slide 22.

  30. Application Checklists • Short application checklist: • Application (1 page) – notarized. • Optional: certified sentencing order(s). • Optional: probation/parole letter(s).

  31. Application Checklists • Long application checklist (also see next slide): • Application (3 pages) – notarized. • Letter of Petition. • Clemency letter. • Letter of Reference 1 (cover letter provided in application). • Letter of Reference 1. • Letter of Reference 2 (cover letter). • Letter of Reference 2.

  32. Application Checklists • Long application checklist (cont’d) • 8.Letter of Reference 3 (cover letter). • 9. Letter of Reference 3. • 10. Certified sentencing order(s). • 11. Probation/parole letter(s). • 12. Any other supporting materials that can speak to your good character (additional letters of reference, newspaper articles, etc.).

  33. Application Submission • Send application & materials directly to the Secretary of the Commonwealth: • Office of Civil Rights Restoration • 1111 East Broad Street, 4th Floor • Richmond, Virginia 23219 • Confirm that the application was received & complete by calling the Secretary of the Commonwealth at (804) 786-2441, option “5.” • Upon confirmation, you should receive response a little over 60 days (2 months).

  34. Application Submission • If approved, you will receive an official certificate from the Office of the Governor stating that your civil rights have been restored. • Once your civil rights are restored, you still must register to vote to cast a ballot on election day. • Once your civil rights restored you are eligible to restore your firearm rights by circuit court petition. • If denied you will receive a letter indicating that your application was denied but not provided a reason for the denial. • There is no appeal process, only the opportunity to re-apply in one year.

  35. People Resources Secretary of the Commonwealth http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/restoration.cfm (804) 786-2441 Option “5” For questions about waiting periods and which form to complete if not on list, status of application. Advancement Project 1220 L St NW Ste. 850, Washington DC, 20005 1-855-LET-VOTEFor questions about eligibility, availability of 1-on-1 assistance, trainings and clinic info, and other general questions. takebackmyvote@advancementproject.org

  36. Self-Help Resources Advancement Project resources: Civil Rights Restoration Guide Community Assistance Resource List Eligibility Checklist Disenfranchisement Law Quick Guide Certified Sentencing Order Request Form Letter Probation/Parole Request Form Letter Sentencing Project resources: Disenfranchisement Laws in US Interactive Disenfranchisement Statistics Map ACLU of Virginia resources: Felon disenfranchisement brief overview *Contact Advancement Project for electronic or hard copies.

  37. Contact Information Thank you for using Advancement Project’s Virginia Civil Rights Restoration Process Nuts & Bolts Resource for Community Members & Partners! For additional information or resources, contact Advancement Project staff at (202) 728-9557.

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