VIRGINIA CIVIL RIGHTS RESTORATION PROCESS NUTS & BOLTS A RESOURCE FOR VIRGINIA COMMUNITY MEMBERS & PARTNERS

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1 VIRGINIA CIVIL RIGHTS RESTORATION PROCESS NUTS & BOLTS A RESOURCE FOR VIRGINIA COMMUNITY MEMBERS & PARTNERS 1 Advancement Project March 2013

2 WHO ARE WE? Advancement Project is a multi-racial civil rights organization based in Washington DC and Los Angeles, CA. We work with communities to provide public education, legal strategies, and communications assistance. Our Mission: "To develop, encourage, and widely disseminate innovative ideas, and pioneer models that inspire and mobilize a broad national racial justice movement to achieve universal opportunity and a just democracy!" 2

3 OVERVIEW 1. Introduction to Disenfranchisement Laws 2. Rights Restoration Process 1. Rights restoration eligibility 2. Short form instructions and documents 3. Long form instructions and documents 3. More resources 3

4 DISENFRANCHISEMENT LAW Virginia s state law forever strips citizens of their voting rights after a felony conviction. How many other states do you think ban citizens from voting forever after a felony conviction? Virginia is one of only four states that bans citizens from voting for life. The others are Florida, Iowa, and Kentucky. 4

5 DISENFRANCHISEMENT LAW Virginia s 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. 5

6 DISENFRANCHISEMENT LAW There are three other civil rights stripped away once a person is convicted of a felony: 1. Right to hold public office 2. Right to serve as a juror 3. Right to be appointed as a notary 6

7 DISENFRANCHISEMENT LAW Voting disenfranchisement has been in Virginia s constitution since The most significant amendments were in 1902 as part of the southern strategy to exclude Black men from the franchise. 7

8 DISENFRANCHISEMENT LAW As of 2010, 5.85 million people were disenfranchised due to a previous conviction. Among the millions impacted, over 350,000 Virginians have had their civil rights taken away. 1 in 5 African-Americans in Virginia are disenfranchised. At least twice as many Latinos in Virginia are disenfranchised compared to Whites. 8

9 RIGHTS RESTORATION There are two rights restoration methods: direct application or circuit court petition. Direct Applications: The Recommended Choice 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). If denied, an applicant must wait one full year to reapply. 9

10 RIGHTS RESTORATION Three main steps for direct application process: 1. Eligibility 2. Application 3. Documentation 10

11 ELIGIBILITY: CONVICTION HISTORY Three ways to collect history: 1. Supreme Court of Virginia website 2. Certified sentencing orders 3. Virginia State Police background check 11

12 CONVICTION HISTORY 1. SUPREME COURT OF VIRGINIA WEBSITE General District Court cases (misdemeanors): Circuit Court cases (felonies): 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. 12

13 CONVICTION HISTORY 1. SUPREME COURT OF VIRGINIA WEBSITE Problems with using the Supreme Court of Virginia website: Not every court is online. There is not a uniform way by which courts input information so it is recommended to try spelling variations, middle names, etc. 13

14 CONVICTION HISTORY 2. CERTIFIED SENTENCING ORDERS Request certified sentencing orders from each circuit court in which a person has been convicted of a felony. See Advancement Project Civil Rights Restoration Guide Appendix E for a circuit courts listing. They cost about $2 to certify each sentencing order. This is a good option for people with not many convictions. 14

15 CONVICTION HISTORY 3. VA 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 days to process and receive history in the mail. 15

16 RIGHTS RESTORATION ELIGIBILITY There are 9 questions that help determine whether a person is eligible to apply for rights restoration today. Eligibility is mostly based on whether a person: Has completed her/his entire criminal sentence; Waited a mandatory 2 or 5 year waiting period; And whether a person has been convicted of a misdemeanor or DWI after their felony conviction 16

17 RIGHTS RESTORATION ELIGIBILITY 1. Has the person been convicted of a felony? If the person was not convicted of a felony, they still have their voting rights. 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

18 RIGHTS RESTORATION ELIGIBILITY 2. In which state was a person convicted? If a person was convicted of a felony in Virginia court (in state or federal 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

19 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

20 RIGHTS RESTORATION ELIGIBILITY 3. Have you applied for rights restoration within the last year and been denied? 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

21 RIGHTS RESTORATION ELIGIBILITY 4. Have you completed your entire sentence? Are you still under correctional supervision? 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. Have you paid all fines, restitution, and court costs related to your criminal conviction? To have your waiting period begin, you must have paid all required fees. Your required fees are listed in your sentencing order. 21

22 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. You must pay any fines, and finish any probation or parole. 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. 22

23 RIGHTS RESTORATION ELIGIBILITY 5. Have you finished your mandatory waiting period? People with 2 year convictions must fill out the short form. These have historically been called nonviolent crimes. People with 5 year convictions must fill out the long form. These have historically been called violent crimes, but include some drug crimes too. Check the Secretary of the Commonwealth s list (Advancement Project s Civil Rights Restoration Guide, Appendix C). 23

24 RIGHTS RESTORATION ELIGIBILITY 6. Have you had a Driving While Intoxicated (DWI) conviction in the last five years? If you have had a felony or misdemeanor DWI 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 conviction, you must wait for whichever waiting period is longer. 24

25 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. 25

26 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 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. 26

27 RIGHTS RESTORATION ELIGIBILITY JIM S STORY Jim finished his sentence and paid his fines for drug possession with the intent to distribute on July 1, Does Jim have to wait two years or five years? So, when will he be eligible to apply? July 1, years = July 1, But, what if Jim also had a misdemeanor conviction for loitering before he applied for rights restoration? Jim finished his sentence on July 1, When will he be eligible to apply? July 1, years = July 1,

28 RIGHTS RESTORATION ELIGIBILITY JIM S STORY Jim also got a misdemeanor DWI Conviction on July 1, How does this affect his rights restoration eligibility? First let s add five years from the date of conviction for the DWI. July 1, years = July 1, 2015 Next, let s see what Jim s previous eligibility date was (after completion of sentence for loitering): July 1, years = July 1, So what is Jim s eligibility date after his DWI conviction? The longer period = July 1,

29 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. 29

30 ADDITIONAL SHORT FORM DOCUMENTS 1. 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. 30

31 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: Advancement Project has request form letters that can be used for in-person, phone, or mail requests to the district offices. 31

32 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). 32

33 ADDITIONAL LONG FORM DOCUMENTS 1. Clemency Letter Explaining why you deserve your rights restored. Attach to the Letter of Petition. 2. 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. 3. Certified sentencing order See slide Probation/parole letter See slide

34 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 Confirm that the application was received & complete by calling the Secretary of the Commonwealth at (804) , option 5. Upon confirmation, you should receive response a little over 60 days (2 months). 34

35 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 reapply in one year. 35

36 A REVIEW: BOB S STORY Bob comes to ask for help to have his voting and gun rights restored. Bob grew up in Williamsburg, Virginia, where he lives now. He is married with a little boy. He works a decent, night-shift job at a retail store in town, and he attends church every Sunday. But he s had a situation or two. What do you tell Bob when he asks how he can get his gun rights back? 36

37 A REVIEW: BOB S STORY Bob tells you he was convicted of something in He thinks it was sort of serious because he served a couple of years for it. He also had to pay a little in court fees. What do we ask to figure out if Bob is eligible to apply for rights restoration or not? 37

38 A REVIEW: BOB S STORY Then, Bob explains that he got in a little trouble in North Carolina around 95. He thinks it was a Driving While Intoxicated misdemeanor. Will this affect his application? 38

39 A REVIEW: BOB S STORY Bob explains that with his first conviction that it was just really a misunderstanding with an exgirlfriend. He had bought a truck for them in her name. After a fight, he needed to use the truck to get to a construction job. When he took the truck she called the police. He was charged of an unauthorized use of a vehicle ( 88 conviction). Do the circumstances of the incident affect his waiting period or application? 39

40 A REVIEW: BOB S STORY Bob is ready to apply, but he explains that he was on probation for a couple of years after he served time. Which documents might he need to ask for about his probation, and who should he ask? 40

41 A REVIEW: BOB S STORY Bob is ready to apply, but he explains that he was on probation for a couple of years after he served time. Which documents might he need to ask for about his probation, and who should he ask? Also, he s worried that it might be hard to get his court order cause he heard from a good friend of his that the courthouse doesn t keep records before 90. If this is true, what should he do? 41

42 A REVIEW: BOB S STORY Bob really appreciates you taking the time. He ll let you know when he submits his application. Is there anything else that you would remind Bob to do? Where should he send his application to? How long will it take to hear back from the Governor? 42

43 PEOPLE RESOURCES Secretary of the Commonwealth JudicialSystem/Clemency/restoration.cfm (804) 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, LET-VOTE For questions about eligibility, availability of 1-on-1 assistance, trainings and clinic info, and other general questions. takebackmyvote@advancementproject.org 43

44 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. 44

45 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)