‘Drug War has Failed’ Governor to Pardon Thousands of People Convicted for Pot

So by "pardon" the headline is referring to wiping out marijuana misdemeanors. Nah. This isn't fake news. Let's just call it "misleading" news.

"Unfortunately, for the rest of the United States, this program is is is is only available in Vermont."

Unfortunately for the author, he doesn't realize that almost half the states have decriminalized possession of small amounts of marijuana. Meaning users ar aren't aren't charged with a misdemeanor to begin with.

According to WCAX, the deal is as follows: if you’ve been co convicted in Vermont of possessing an ounce or less of marijuana, the governor is is is is asking you to go to his website between now and Christmas to apply for a pa pardon.

The current law in Vermont is that if you possess 1 ounce or less it's a civil violation with a $200 fine. Like a traffic ticket.

So all the Governor is doing is making it retroactive. Yawn.

I would say this proves not only has the war been lost but complete capitulation to the giant green plant, the day of the trifards has arrived

MATT AGORIST/FREE THOUGHT PROJECT FAKE NEWS CLAIM:

Those who wish to have their records wiped clean need only fill out a small form on the governor’s website, here.

And druggie apologist, aggregator and fabricator, Matt Agorist, waves his magic wand once again, and those who wish to have their records wiped clean need only fill out a small form. The yella journalist was too busy to look at the form, or otherwise inform himself of what he was talking about.

Pardons do not render one innocent, except for when the pardon is granted for actual innocence, such as when new DNA evidence proves innocence.

Pardons do not result in some imaginary automatic sealing or expungment of the record.

FAKE NEWS CLAIM MEETS REALITY:

Black's Law Dictionary, Sixth Edition

Pardon. An executive action that mitigates or sets aside punishment for a crime. An act of grace from govern­ing power which mitigates the punishment the law demands for the offense and restores the rights and privileges forfeited on account of the offense. Verneco, Inc. v. Fidelity & Cas. Co. of New York, 253 La. 721, 219 So.2d 508, 511. A pardon releases offender from entire punishment prescribed for offense and from disabilities consequent on his conviction; it reinstates his civil liber­ties. State ex rel. Herman v. Powell, 139 Mont. 583, 367 P.2d 553, 556.

The power to pardon for non-federal crimes is general­ly invested in state governors, while the President has the power to pardon for federal offenses (Art. II, Sec. 2, U.S.Const.).

See also Amnesty; Board of pardons; Clemency; Com­mutation; Condonation; Parole; Reprieve.

governor.vermont.gov

Go to Pardon Application of Marijuana Possession, Go to the Form

Vermont Official State Website

A service of the Office of Governor Peter Shumlin

Vermont Pardon Application - Marijuana Possession Up To One Ounce

DISCLAIMERS/ACKNOWLEDGEMENTS

Convictions for marijuana possession up to one ounce have been decriminalized by the Vermont Legislature as of July 1, 2013.

Governor Peter E. Shumlin will consider pardoning Vermont convictions of marijuana possession up to one ounce for those with no felony convictions or violent criminal convictions.

A governor’s pardon is an extraordinary act. Applying for a pardon does not guarantee a pardon will be granted. All applications will be considered by the Governor and either granted or denied at his discretion.

A pardon will not necessarily erase a conviction or the record of that conviction, and may not change the consequences of that conviction. If you are requesting a pardon because you believe the pardon will have certain legal consequences for you, you should talk to a lawyer.

Your application may be a public record subject to disclosure if someone makes a request pursuant to Vermont’s public records law.

Applications for pardons under this program will only be accepted from December 8, 2016 through December 25, 2016.

Questions about this form should be directed to the Governor's office. (802 828-3333)

[...]

SWORN CERTIFICATION / OATH

Sworn statement of the applicant:

* Is eighteen (18) years old or older and believes/understands the meaning of an oath.

* Has not been convicted of any felonies or violent crimes in the State of Vermont or in any other state or federal jurisdiction.

* Does not have any charges pending against me in the State of Vermont or in any other state or federal jurisdiction.

* Agrees to notify the Governor’s Office immediately of any other changes in or updates to status or to the answers to the application questions.

* Understands that if the Governor grants a pardon and then later discovers that any information provided on the application or throughout the pardon process is false, incomplete and/or incorrect, criminal or civil penalties may be imposed, and the Governor may revoke the pardon.

* Certifies good standing with respect to, or in full compliance with, a plan to pay any and all taxes due to the State of Vermont. A person is in good standing with respect to any and all taxes payable if: 1) no taxes are due and payable and all returns have been filed; or 2) the liability for any taxes due and payable is on appeal; or 3) the person is in compliance with the payment plan approved by the Tax Commissioner.

* Certifies compliance with any and all child support obligations.

* Acknowledges understanding that any application for pardon and records gathered in connection with investigating a pardon application may be public records subject to disclosure if someone makes a request for them under Vermont’s public records law.

* Acknowledges understanding that this is a sworn application, and that if any of the statements are willfully false, applicant may be subject to punishment.

[...]

Son of a gun. Fill out the form, get the pardon, and the record of the conviction is not sealed and was not expunged. But Matt Agorist said....

http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9065&context=penn_law_review

The Effect of a Pardon by Henry Weihofen, University of Pennsylvania law Review, December 1939, pp. 177 et seq. See at page 186:

A similar question arises under statutes such as that of Texas, providing that a suspended sentence should not be granted to any criminal defendant previously convicted of felony. Suppose the defendant had been previously convicted but pardoned; can he now say that he has not been previously convicted, and so is eligible for a suspended sentence? There is no express decision on the question,"³³ but what has been said above would apply here. Such a person should not be allowed to deny that he has been previously convicted, unless the pardon was for innocence. Pardons granted for other reasons do not "blot out" the fact of conviction.

Similar also is the question involved in the following situation: a defendant convicted of crime is given a parole or a suspended sentence, revocable if he should commit another crime. He is later convicted of a new crime, but is pardoned. Is this pardoned crime ground for revoking the suspension or parole? Again, the same principle should apply; and presumably courts holding that a pardoned offense may be counted in administering habitual criminal acts would also hold that a pardoned offense constitutes grounds for revoking suspension of a sentence of parole.³⁴ Only if the pardon has been granted for innocence should it prevent the conviction from constituting ground for revocation.

Conviction of a crime involving moral turpitude is made a ground for divorce in many states. It has been held that a pardon does not destroy this ground, even though the divorce action is not brought until after the pardon has been granted.³⁵

[...]

33. In Warren v. State, 127 Tex. Cr. R. 71, 74 S. W. (2d) ioo6 (934), the question was raised, but the court found it unnecessary to decide it, because the pardon was held to be a conditional one merely, which concededly did not have the effect of blotting out the offense.

34. In Texas, where it is held that a pardoned offense may not be counted in applying the habitual criminal act, the court has held that a pardoned offense is not a ground for revocation of suspension of sentence. Sanders v. State, 108 Tex. Cr. R. 467, I S. W. (2d) 901 (1928), 41 Harv. L. Rev. 918; accord: Op. Att'y Gen. of Pa., 27 Dist. 830 (Pa. 1918).

35. Holloway v. Holloway, 126 Ga. 459, 55 S. E. 191 (1906). Where the pardon is granted after divorce proceedings are begun, it does not destroy the statutory ground. Davidson v. Davidson, 23 Dist. 578 (Pa. 1914).

http://www.pamp.uscourts.gov/PDF/applying_for_pardon.pdf

See the form for a Presidential pardon, bolded in original:

A pardon does not erase or expunge the record of conviction. It is, however, an indication of forgiveness and should lessen the stigma of conviction. It is usually helpful in obtaining license, bonding or employment.

With any form of conditional pardon, the grantee is still left with a conviction. The disclaimers on the application form for Governor Shumlin's pardon apply only to possession convictions, and specifically do not apply to anyone with any felony conviction or violent crime conviction. A provision makes clear that, under specified conditions, a granted pardon may subsequently be revoked. The pardon is not unconditional.

The grantee is not considered innocent, and the records are not automatically sealed or expunged. A court may be petitioned to seal or expunge records.

http://www.pardon411.com/wiki/Vermont_Pardon_Information

A pardon in Vermont is an act of grace which serves to relieve you of the legal punishments, consequences, and disqualifications of the specific crime you were committed of.[9] This means, for example, that if you lost your driver’s license because of a particular conviction, once you have been pardoned of that conviction your license must be re-instated.[10] A pardon would also allow you to serve on a jury again if you lost that right because of the pardoned conviction.[3]

However, getting a pardon does not mean you are suddenly innocent of the crime you have already been convicted of.[11] As in many other states, a pardon in Vermont “forgives but does not forget.”[12] There may be a process to judicially expunge your conviction after you receive a pardon, depending on your individual circumstances. If you are interested in getting an expungement, you should talk to an attorney to find out whether you qualify and what the process would be.

If you a given a pardon as a result of DNA evidence showing you were innocent of the crime you were convicted of, then your name can be expunged from the sex offender and all other registries in Vermont, and you can legally deny that you were ever convicted of that particular crime.[13]

https://www.vermontjudiciary.org/eforms/Information%20Sheet%20Filing%20a%20Petition%20to%20Expunge%20or%20Seal%20a%20Criminal%20Record.pdf

Filing a Petition to Expunge or Seal a Criminal Record

Beginning July 1, 2012, a person may be able to have the record of a Vermont conviction or charge either expunged or sealed under certain limited conditions. There are several different types of expungement and the conditions are somewhat different for each type:

1. Requirements for Expungement of a Criminal Conviction if You Have Not Been Convicted of Any New Crimes:

• The crime for which you were convicted must be a qualifying crime (see below);

• At least 10 years have passed since the completion of any sentence imposed as a result of your conviction. For example, if you were placed on probation, at least 10 years must have passed since you were successfully discharged from probation or, if your probation period was for an indeterminate length, 10 years from the date you completed all of the terms and conditions of probation; and

• You have not been convicted of another crime since your conviction for the crime you are seeking to expunge; and

• If you were ordered to pay restitution as a result of the conviction, you have paid restitution in full; and

• The Court finds that expungement or sealing is in the interests of justice.

I would say this proves not only has the war been lost but complete capitulation to the giant green plant, the day of the trifards has arrived

Nah, consider that Democratic Governor Shumlin is leaving office and being replaced by Republican Phil Scott, who won in the People's Democratic Republic of Vermont by 8.6 points.