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Absolute Pardons and Writ of Actual Innocence

An absolute pardon � the rarest type of pardon � may be granted when the Governor is convinced that the petitioner is innocent of the charge for which he or she was convicted. However, the petitioner must have pleaded Not Guilty throughout the judicial process in order to be eligible for an absolute pardon, and all judicial appeals and other remedies must be exhausted before appealing to the Governor. 

In fact, in 2004 the Virginia General Assembly passed legislation giving individuals convicted of crime the opportunity to have the court itself consider claims of innocence, even after a conviction.  If the court finds it made an erroneous conviction, it would then issue a Writ of Actual Innocence. (This legislation is in the Code of Virginia in Sections 19.2-327 through 19.2-327.13.) In most circumstances, this avenue for pardon must also be tried before appealing to the Governor.

If all remedies have been exhausted as required by law, you may then submit a petition for an absolute pardon to the governor, along with evidence that the court has rejected your claim under the new law above, or an explanation of the legal basis for why you believe the new law is not applicable to your situation.

Requirements

To repeat:  The following conditions must be met before a petition for absolute pardon can be considered by the Governor:

• You must have pleaded Not Guilty throughout the judicial process
• You must have already exhausted all other avenues for a pardon, including an appeal to the court itself

If the above conditions have been met, you may petition for an absolute pardon.   The letter of petition requires the following information: 

• full name and any previous names and aliases;
• Social Security number;
• date of birth;
• mailing and street address;
• phone numbers;
• dates, courts, sentences or other dispositions of all misdemeanor and felony convictions;
• a complete statement of details for each conviction; and
• an explanation of why the Governor should grant a pardon. 

Please note:  This letter serves as your official petition; there is no official form you need to fill out.

You should provide all the relevant information you wish to have considered.  Please note that the petition process does not include any hearing, meeting or conference with the petitioner or persons on the petitioner’s behalf.. If a petition is denied, another cannot be filed for two years after the date of the denial.

Should you have any questions concerning the procedure for petitioning for an absolute pardon, please contact Patricia Tucker at the contact information provided below.

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Please direct all questions to:

Patricia Tucker, Director of Extradition and Clemency
Office of the Secretary of the Commonwealth
Post Office Box 2454
Richmond, Virginia 23218-2454
(804) 692-0105

or use our Inquiry Form