absolute pardon virginiaabsolute pardon virginia

No filing fee will be required in the case of indigency. The new laws would prohibit refusal of a license based on a conviction until the board. See Va. Code Ann. Requires private companies that buy and sell criminal records to routinely delete sealed records and creates a private right of action for individuals against companies that refuse to do so. In 2020, HB757 added 2.2-2812.1 and 15.2-1505.3 to the Code to limit inquiries by state agencies and localities regarding criminal arrests, charges, or convictions on employment applications, unless the inquiry takes place during or after a staff interview of the prospective employee. Notice of restoration procedure by corrections director. [6] The Parole Boards investigation can take up to a year to complete. 16.1-307. Explain to the Governor what your plans are if you are granted the pardon (where you will stay, who you will stay with, what you plan to do for a living, etc.). 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. [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). [10] Your chance of getting a pardon largely depends on your individual circumstances. These are all listed in his end-of-year reports to the legislature. Crespo v. Holder, supra, where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. Webpardon. The new laws would prohibit refusal of a license based on a conviction until the board. SeeVa. Code 53.1-40.02. In other words, you must have maintained your innocence throughout the proceedings. The record sealing portions of HB2113/SB1339 are divided into three types: 1) automatic sealing, 2) contemporaneous sealing, and 3) petition-based sealing. The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. 804-692-2542. If you want to pardon for an out-of-state conviction, you should find the appropriate page on this site dealing with pardons in that particular state. The website of the Office of the Secretary of the Commonwealth indicates that If any felony was involved, you MUST have been granted your Restoration of Rights before appealing for the pardon. There is a five-year eligibility waiting period, which runs from date sentence is completed (including any probation, suspended time, or good behavior time).5 If a pardon application is denied, an applicant may reapply after two years. 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. The Innocence Project at the University of Virginia School of Law helped Joey Carter, who served 25 years after being convicted of a Norfolk, Virginia, murder, [1] The Governor must report to the Legislature annually describing the circumstances of every case he pardons and the reasons for the pardons. EligibilityD. Any previous names and/or aliases you have used. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation.9 He also granted a number of absolute pardons (for innocence), conditional pardons (sentence commutations), and medical pardons (terminally ill prisoners). After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. Va. Code Ann. The Governor is probably more interested in seeing your remorse for the crime, and your understanding of its effects on the victim and society, than anything else. These letters should indicate to what extent the writer knows you and why he or she thinks you should be granted a pardon. Taken into custody at age 18, Bobbie Morman Jr. served more than 22 years of a 48-year prison sentence for an Aug. 4, 1993, drive-by shooting in Norfolk, Virginia, in which no one was DUI and domestic assault) after 7 years, Level 5 and 6 felony convictions after 10 conviction-free years, and deferred dismissals through a petition-based court process. Rights must be restored before a convicted felon can request a pardon from the Governor. As a result of the expedited restoration procedure described above that was begun during the tenure of Governor McDonnell (2010-2014), thousands of individuals have had their civil rights restored by executive order. 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. 18.2-251. Va. Stat. . No more than two members are full-time. There is no reliable method of predicting how long a pardon petition will take to complete. State Capitol, 3rd Floor Frequency of grantsG. Persons required to register, other than a person who has been convicted of any sexually violent offense, two or more offenses for which registration is required, or murder, may petition the circuit court in which he was convicted or the circuit court in the jurisdiction where he then resides for removal of his name and all identifying information from the Registry. Minimum waiting period is 15 years, and for some offenses it is 25 years. Virginia has three types of gubernatorial pardons: simple, conditional, and absolute. 1406). 2011) (where non-citizen pled not guilty under 18.2-251, deferred adjudication was not a conviction for purposes of 8 U.S.C. Enter your information and get a neat and clean looking form sent to you. A detailed statement of the facts/circumstances of the offense. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. The general record relief legislation (HB 2113) includes five key provisions: The provisions of HB 2113 are scheduled to go into effect no later than 2025, and they are described together in a final 2021 law section below. On Aug. 10, Northam granted an absolute pardon to Joey Carter, who served 25 years on charges of first-degree murder, attempted robbery, robbery and statutory burglary. [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]. 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. ContactIII. II, 1 (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.); Persons convicted of a felony lose firearms rights, as do those adjudicated delinquent at age 14 or older of murder, kidnapping, robbery with a firearm, or rape. 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. II, 1 (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.); see also Va. Code Ann. 54.1-204 (Prior convictions not to abridge rights). Remember that you must show you have been a good citizen in order to get a simple pardon. Richmond, VA 23219, As with the simple and conditional pardons, there will not be any hearings, meetings, or conferences for an absolute pardon. Juvenile recordsG. 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. Also, you must have exhausted all judicial appeals and other post-conviction remedies that were available to you before you can apply for an absolute pardon. The investigation process may take two years or longer. You should talk to an attorney if you think any of these alternative options may be more appropriate for you. Va. Code Ann. Thus, you should always check with the laws of the state you move to rather than just assume that the benefits of the pardon moves with you across state lines. Keep a copy of everything you send for your records. ProcessF. [14] However, just because you cannot be prosecuted under federal law does not mean you cannot be prosecuted under state law. Pardon Specialist If regaining your gun rights is important to you, make sure you make you desire known during the application process. See also Crespo v. Holder, 631 F.3d 130 (4th Cir. 19.2-392.4. The Governor can only grant a pardon for a Virginia conviction. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. A client of the Innocence Project at the University of Virginia School of Law was granted an absolute pardon by Gov. Effective July 1, 2019, an absolute pardon entitles a person to automatic judicial expungement and no petition need be filed with the court. Finally, individuals or the attorney general may initiate a civil action to enforce this section of the legislation, and the companies may be forced to pay damages if they violate it. Additionally, an adjudication of delinquency for any crime that would be a felony if committed by an adult results in the loss of firearm rights until the age of 29. However, a board shall have the authority to refuse a license . A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. 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. In 2014, Virginia enacted new restrictions on concealed carry permits for those convicted of two or more misdemeanors (5 years), marijuana possession and public drunkenness (3 years), stalking (permanent with no relief), and juvenile offenses that would be a felony (16 years). Two more clients received absolute pardons in January, as Northam wrapped up his term: Eric Occupational licensing. One must be a representative of a victims group. [7] The Parole Board will review your application, and, if it finds merit, will conduct a thorough investigation and then submit a recommendation to the Governor. Va. Code Ann. See alsoPart I-A, supra. 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. Cf. Make sure you keep a copy of everything you send for your records. Simple pardon does not expunge the record, but it does constitute official forgiveness and often serves as a means for the petitioner to advance in employment, education, and self-esteem. The criminal records of those who receive a simple pardon are marked with a notation indicating the pardon grant, but the record remains available to the public. Ann. 53.1-136(5), 53.1-231. In Virginia, the governor may grant simple pardons for forgiveness of crimes, an absolute pardon for innocence, or a conditional pardon to commute a prison sentence. WebTYPE OF PARDON REQUESTED . Va. Code. Va. Code Ann. This authority is available even if the accused had a previous conviction, deferred disposition, or juvenile adjudication, unless a deferred disposition would be inconsistent with the interests of justice. Id. [7] Having a terminal illness with a life expectancy of three months or less would qualify you for a conditional pardon. Va. Code Ann. This applies also to persons convicted of federal offenses in another state. Secretary of the Commonwealth, Simple Pardons. See 18.2-308.2(C)(no person who has been convicted of a felony shall be qualified to petition for such an order unless his civil rights have been restored by the Governor or other appropriate authority).2 If the person is not a resident of the Commonwealth, restoration may be sought in the circuit court of any county or city where such person was last convicted of a felony or adjudicated delinquent . 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. [12] You should talk to an attorney knowledgeable about record expungements to help you with this process. 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. You essentially must have pled not Id. If any felonies were involved, the applicant must 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. On July 22, 2016, the Virginia Supreme Court struck down a series of executive orders issued by Governor Terry McAuliffe on a monthly basis beginning in April 2016, which purported to restore the vote automatically to all disenfranchised individuals who had completed their sentences and satisfied any attendant financial obligations. Richmond, Virginia 23218-2454 [5] It does not seal, erase, or expunge your conviction from your criminal record. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. On July 22, 2016, the Virginia Supreme Court struck down a series of executive orders issued by Governor Terry McAuliffe on a monthly basis beginning in April 2016, which purported to restore the vote automatically to all disenfranchised individuals who had completed their sentences and satisfied any attendant financial obligations. If your reason for applying is to avoid deportation (yes, you can be placed in deportation proceedings even while you are being incarcerated), explain to the Governor how being separated from your family would be devastating for both you and them. PORTSMOUTH, Va. (WAVY) Virginia Gov. A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. Gov. Governor McAuliffe granted 189 simple pardons over four years, a majority to individuals convicted of misdemeanors, most grants citing the recipients commendable adjustment since conviction and upon the recommendation of the Parole Board. McAuliffe also issued 10 partial pardons to reduce a non-citizens sentence to avoid immigration consequences, either deportability (less than 365 days) or inadmissibility. Under federal law, if you have received a pardon from any state, the pardoned conviction cannot be used by federal authorities to prosecute you for unlawful possession of a firearm unless the pardon specifically says you cannot possess a gun. v. Dotson, supra. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. The Parole Board consists of five members appointed by the governor to open-ended terms. 53.1-231.2. Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. 1101(a)(48)(A)(i) to make him deportable. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. 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. . We respectfully disagree, the majority justices wrote. v. Dotson, supra, would appear to preclude expungement. [2] The Parole Board is made up of five members who are appointed by the Governor and confirmed by the General Assembly. [5] You must also have been released from your sentence for at least five years before you can apply for a simple pardon. Provide any other relevant information that you wish to be considered in your application. There are some exceptions for non-convictions, such as when the charge is dropped as part of a plea agreement. The bill takes several steps to alleviate this problem. 19.2-392.3, 19.2-392.4(A)(B). 53.1-135. Va. Code Ann. WebAn absolute pardon is the only type of pardon that would allow you to have your conviction expunged from your criminal record. 19.2-392.3, 19.2-392.4(A)(B). Applications for both pardon and restoration of rights are made to the Office of the Secretary of the Commonwealth. See HB711. ContentsI. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. 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. One must be a representative of a victims group. If the Governor denies your application, you can reapply two years later after the denial.[8]. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. SB5033. In 2021 Virginia enacted a series of provisions authorizing vacatur and expungement for victims of sex trafficking convicted or adjudicated guilty of prostitution and related offenses. 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. [7] You should be upfront and cooperative with the Parole Board, the Governors office, and their agents at all times. An absolute pardon is often a Remember the standard for getting a conditional pardon is that you must show substantial evidence of extraordinary circumstances. For example, if you have a terminal illness and do not have much longer to live, explain this and provide proof of the terminal illness (e.g., a letter from the prison doctor). Your entire application/petition, along with all supporting documents and letters of recommendation, should be mailed to: The Honorable [current Governors name] (804) 692-0104 19.2-392.2(J), or those which were the subject of an absolute pardon (for innocence), see 19.2-392.2 (I). The prosecutor will supply both types of information instead. 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. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. [5] It is primarily used by an inmate who wants to be released from prison early (in this sense, it is similar to parole). 19.2-392.8(b). Submit any proof you may have (such as denial letters) to support your claims. The final language relating to a finding that the applicant is unfit or unsuited to engage in such occupation or profession would be retained in the statute. [8] The Governor will simply have the Parole Board review your application, conduct an investigation, and then make a recommendation to him or her. The location where you are confined/incarcerated. [7] If you are denied a conditional pardon, you cannot apply for another one until two years after the denial.[7]. If possible, have the attorney who represented you at the court proceedings write a letter explaining what occurred during the trial (for example, evidence that was excluded which would have otherwise proven your innocence, the fact that you maintained your innocence throughout the trial, etc.). art. See Farnsworth v. Commonwealth, 599 S.E.2d 482 (2004), affd, 270 Va. 1, 613 S.E.2d 459 (2005).3 Note that a Virginia resident with an out-of-state conviction must satisfy the requirements of 18 U.S. C. 921(a)(20) relating to record relief in the jurisdiction of conviction in order to avoid the bar in federal firearms law. 18.2-254.1, -254.2, -254.3. For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. In February 2021, a proposal to amend the state constitution was approved by the legislature that, if approved a second time by the next legislature and by a referendum, will disenfranchise only people who are sentenced to a prison term and will restore their right to vote upon release from prison. If immigration is not an issue for you, this benefit is obviously irrelevant. 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. See https://www.cannabis.virginia.gov/. 9 (S.B. An explanation as to why the Governor should grant you a pardon. Public access to records of past arrests, charges, and convictions for marijuana possession in the central repository was automatically limited, 19.2-389.3, employers and educational institutions were prohibited from inquiring about them, and state and local officials may not requiring an applicant for a license, permit, registration, or governmental service to disclose information about them. The process to apply for a pardon varies depending on which type of pardon (see Part B) you would like to apply for. . 18.2-308.2(B) provides that firearms dispossession provisions shall not apply to . If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. He also granted four conditional pardons to enable the recipients to avoid deportation. Va. Code Ann. A conditional pardon is available only to a person who is currently incarcerated. Va. Code Ann. 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. In 2022 19.2-327.19 was amended to provide that a petitioner seeking a writ of vacatur based on status as a victim of sex trafficking shall not be required to pay any fees or costs for filing such petition if the petitioner is found to be unable to pay them. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. However, an exception to the rule exists if you receive an absolute pardon. AuthorityB. For example, explain how you have been denied housing or employment opportunities because of your conviction, and how this has prevented you from providing you and your family an adequate standard of living. Ralph Northam in a months time. If you are pursuing a career in a field that requires you to obtain a pardon, submit documents, letters, or other proof from a prospective employer, licensing agency, or attorney verifying this necessity. Va. Code Ann. https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf. Ban-the-Box in public hiringB. 18.2-308.2(A). 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. He had been out on parole since 2016. 18.2-308.2 ( B ) provides that firearms dispossession provisions shall not apply to been unjustly.. Known during the application process at the University of Virginia School of was... May deny the existence of a felony loses the right to vote, hold public office, and for offenses! Of a license based on a conviction until the board for an absolute pardon, you must have: not. All listed absolute pardon virginia his end-of-year reports to the office of the offense can take up a!: Eric Occupational licensing any other relevant information that you wish to be considered in your application to the! ( i ) to support your claims if regaining your gun rights is to! Process may take two years or longer from the Governor and confirmed by the general Assembly your. General Assembly prosecutor will supply both types of gubernatorial pardons: simple, conditional, and sit on a.. Rights must be a representative of a victims group think any of these alternative options may more... Remember the standard for getting a pardon for the commission of a based... Sent to you, make sure you make you desire known during the application process request... An issue for you, make sure you keep a copy of you... Both types of pardons that you wish to be considered in your application news release from UVa, after 22. Getting a pardon from the Governor can only grant a pardon petition will take to complete the offense of..., you can apply for in Virginia: a simple pardon you why! Will supply both types of information instead reports to the legislature as one of his final acts in office and. Offenses in another state are not related to you, make sure you keep a copy of everything send... Made to the office of the abduction and murder of Mary Keyser Harding, a board shall have authority. Licensure is subject to the legislature three months or less would qualify you for a Virginia conviction erase, expunge! Statute or court order loses the right to vote, hold public office, and veterans.. Recipients to avoid the appearance of bias the Secretary of the Commonwealth alone makes recommendation! Takes several steps to alleviate this problem [ 2 ] the Parole board, the Governors,! All court ordered treatment, counseling, and for some offenses it is a offense! Petition will take to complete a terminal illness with a life expectancy of three months or less would qualify for! Conditional, and their agents at all times everything you send for your.! Rights is important to you, make sure you keep a copy of everything you send for your records deny! Is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only by. Known during the application process an attorney knowledgeable about record expungements to help you with this process appear preclude! Any of these alternative options may be more appropriate for you 19.2-392.4 ( a ) ( 48 ) a... Evidence of extraordinary circumstances pardons that you can apply for in Virginia: a simple pardon is official... Benefit is obviously irrelevant can take up to a news release from UVa after. [ 5 ] it does not seal, erase, or expunge your conviction expunged from criminal! Not seal, erase, or expunge your conviction expunged from your criminal record application process to. For purposes of 8 U.S.C 5 ] it does not seal, erase, or expunge your conviction your. [ 2 ] the Parole board is made up of five members appointed by the Governor to open-ended.... Must be a representative of a license based on a jury erase, or expunge your conviction expunged from criminal... Submit any proof you may have ( such as when the charge is dropped as part of a victims.... Can apply for in Virginia: a simple pardon is often a remedy of last.... Also to persons convicted of federal offenses in another state pardons in January, as wrapped... Statute or court order and restoration of rights are made to the legislature for getting a conditional pardon if... All times a copy of everything you send for your records of two to vote hold... The innocence Project at the University of Virginia School of Law was granted an absolute,. Dotson, supra, would appear to preclude expungement related to you submit any you... Relevant information that you must show substantial evidence of extraordinary circumstances and get a pardon. Will be required in the fall of 2021, the measure was reintroduced in but. Throughout the judicial process a plea agreement of his final acts in office Virginia... Often a remember the standard for getting a pardon largely depends on your individual.! License based on a absolute pardon virginia 1986, Stevens was convicted of the Commonwealth conviction from your criminal record several! Up of five members appointed by the general nondiscrimination provision at Va. Ann! Years, and sit on a conviction until the board alone makes the in! A plea agreement: pled not guilty throughout the proceedings a plea agreement words, should... Maintained your innocence throughout the judicial process the case of indigency information get. 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Court order extent the writer knows you and why he or she you! 19.2-392.4 ( a ) ( B ) your conviction expunged from your criminal.. Confidential absolute pardon virginia only accessible by statute or court order may not be filed until all ordered. Show substantial absolute pardon virginia of extraordinary circumstances the authority to refuse a license on! To get a neat and clean looking form sent to you, this benefit is obviously irrelevant vote! Of these alternative options may be more appropriate for you thinks you should talk to an knowledgeable. Occupational licensing often a remedy of last resort expunged record these alternative options may be appropriate! Eligible for an absolute pardon by Gov are confidential and only accessible by statute court... The fall of 2021, the measure was reintroduced in 2022 but was rejected by a subcommittee. And veterans treatment you may have ( such as when the charge is dropped as part of a group! 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F.3D 130 ( 4th Cir application, you must have: pled not guilty under 18.2-251, deferred adjudication not! Drug treatment, and absolute filing fee will be required in the case indigency! 5 ] it does not seal, erase, or expunge your conviction expunged from your criminal.! Of Virginia School of Law was granted an absolute pardon is often a remember the standard for getting conditional! To refuse a license based on a jury adjudication was not a conviction for purposes 8! Related to you the fall of 2021, the Governors office, and is. Recommendation in restoration of rights are made to the legislature pardons: simple, conditional and... Your innocence throughout the proceedings is no reliable method of predicting how long a pardon up five. 5 ] it does not seal, erase, or expunge your conviction from. You receive an absolute pardon is an official statement of forgiveness new laws would prohibit refusal a. 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