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Virginia Secretary of the Commonwealth - Janet Vestal Kelly
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Restoration of Rights

Frequently Asked Questions


Q: What does the restoration of civil rights restore?

A: The restoration of civil rights restores the right to vote, to run for public office, to serve on juries, and to serve as a notary public.
 

Q: Does RoR include restoration of the right to possess or transport any firearm or to carry a concealed weapon?

A: No. A person seeking restoration of firearm rights, must petition the appropriate circuit court pursuant to Va. Code 18.2.-308.2.
 

Q: Does RoR expunge or remove my charges and/or conviction(s) from my criminal record?

A: No. pursuant to VA Code §§ 19.2-392.1 and 19.2-392.2, a criminal charge can only be expunged by petitioning a circuit court.
 

Q: What are the eligibility requirements for RoR by Governor Bob McDonnell?

A: To be eligible to apply for RoR by Governor McDonnell, you must:

  1. Be a resident of Virginia and/or have been convicted of a felony in a Virginia court, a U.S. District Court or a military court.
  2. Have paid all court ordered costs, fines and/or restitution associated with your convictions.
  3. Complete a provisional waiting period after the completion of any served sentence, and/or supervised probation or parole:
    • Two (2) years for nonviolent offenders
    • Five (5) years for violent, drug distribution, crimes against minors, or election law offenders
  4. Not have any misdemeanor convictions and/or pending criminal charges two (2 )years for non-violent offenders or five (5) years for violent, drug distribution, crimes against minors, or election law offenders immediately preceding the application.
  5. Not have a conviction for DWI within the past five (5) years immediately preceding the application.
     

Q: If I am an out-of-state resident petitioning to have my civil rights restored by the Governor for a Virginia felony conviction, will I need to submit anything besides a complete application?

A: Yes. Applicants residing outside the Commonwealth of Virginia must include certified copies of their Driving and Criminal Records from the state they reside.
 

Q: How long is the RoR process?

A: Once the Secretary of the Commonwealth’s Office receives a complete application, the process from start to finish, is 60-days. The Secretary of the Commonwealth’s Office obtains additional information from various state agencies for each application. The application is not complete until that information is received. To expedite the processing of applications, if the petitioner has a certified copy of the felony sentencing order and proof of payment of court order costs, fines and/or restitution the petitioner is encouraged to include that information with the application in order to significantly expedite the decision making process.
 

Q: If my application is not considered complete and it is returned to me, is that considered a denial of RoR?

A: No. We will attempt to contact petitioner directly to obtain any additional information needed. If we cannot reach the petitioner, a notification explaining why the application is not complete and subsequently returned will accompany the applicant’s petition. An applicant may re-submit a petition when they supply us with complete information and/or they have fulfilled all RoR eligibility requirements.
 

Q: If my petition is denied by the Governor, how long must I wait before I can reapply for Ror?

A: If your petition is denied by the Governor you must wait one (1) year from the date you are denied before you may reapply.
 

Q: I applied under Governor Kaine and have not had a response. Can I expect an answer in 60-days?

A: Yes, all applications received under the Kaine Administration that are complete and have all of the information required from the applicable courts will be responded to by July 15, 2010. In addition, we have already begun acting on applicants that came in during the Kaine administration. All applicants will be receiving a letter from the Secretary of the Commonwealth’s Office notifying them of the status of their application.
 

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