NACDL/FAMM State Clemency Project

Virginia Redemption Project

Information for Loved Ones

Note: The Virginia Redemption Project is currently at capacity and not accepting applications.

What is the Virginia Redemption Project?

The Virginia Redemption Project recruits, trains, and provides resources to support pro bono attorneys assisting individuals serving sentences in Virginia’s jails and prisons submit petitions for a conditional pardon to the Governor’s Office. The project is a partnership with the National Association of Criminal Defense Lawyers (NACDL), the Virginia Association of Criminal Defense Lawyers (VACDL), the ACLU of Virginia, FAMM, Justice Forward Virginia, and the Legal Aid Justice Center.

What is a Conditional Pardon? 

Virginia uses the term “conditional pardon” to refer to an action by the Governor to modify a sentence. Individuals granted a conditional pardon may have their active term of incarceration reduced and be given terms and conditions to follow. If those conditions are violated, the person can be re-incarcerated.

Is the Conditional Pardon process the same as Virginia DOC’s Early Release Plan?

No. A conditional pardon is granted by the Governor and requires a person file a petition to the Governor’s Office. The Early Release Plan is operated by the Virginia Department of Corrections (DOC). It was created on April 22, 2020, by the General Assembly in response to the COVID-19 crisis and is only in effect during Virginia’s current state of emergency. To be eligible for DOC’s Early Release Plan, a person must be in a state prison, have less than 1 year remaining on their sentence, and meet certain other criteria. More information on the Early Release Plan can be found HERE

The Process

My loved one has been told they are eligible for Early Release how long does it take to file a Conditional Pardon Petition?

It depends. Before a petition can be filed, an attorney must review documents from your loved one’s case. Some documents may be archived or otherwise difficult to locate. Once the documents are located, an attorney can analyze whether your loved one meets the criteria and provide advice about how to proceed.

Can you tell me if you have received a request from my loved one? 

No. For privacy reasons we cannot provide information to anyone other than the applicant.

Should I call periodically to check on the progress of my loved one’s application? 

No. For privacy reasons we cannot provide information to anyone other than the applicant.

How long does it take to file a Conditional Pardon Petition?

It depends. Before a petition can be filed, an attorney must review documents from your loved one’s case. Some documents may be archived or otherwise difficult to locate. Once the documents are located, an attorney can analyze whether your loved one meets the criteria and provide advice about how to proceed.

How long does it take for the Governor’s Office to make a decision? 

There is no time limit or timeline for how long it may take for the Governor to decide on whether to grant a conditional pardon. The attorney will notify your loved one any time they receive any updates or communications from the Governor’s Office.

Want more information about the Project?

You can contact the program via email at: VARedemptionProject@nacdl.org by phone at: (202) 465-7620 or via mail at:

NACDL
Attention: VRP
1660 L Street NW
12th Floor
Washington, DC 20036