Restoration of Rights
Read the press release on Governor McDonnell's streamlining of the Restoration of Rights process.
Packet of Information:
If you have lost the right to vote as a result of a felony conviction in a Virginia court, a U.S. District or a military court, you must have your rights restored in order to qualify for voter registration. The restoration of rights restores the rights to vote, to run for and hold public office, to serve on juries and to serve as a notary public. It does not include the right to possess or transport any firearm or to carry a concealed weapon.
In order to be eligible for restoration of rights by the Governor, an applicant must:
- Must 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
- be free from any sentence served or supervised probation and parole for a minimum of two years for a non-violent offense or five years for a violent felony or drug distribution, drug manufacturing offense, any crimes against a minor, or an election law offense.
- have paid all court costs, fines, penalties and restitution and have no felony or misdemeanor charges pending.
- not have had a DWI in the five years immediately preceding the application.
- Not have any misdemeanor convictions and/or pending criminal charges 2 years preceding the application for non-violent felonies or five years for a violent felony or drug distribution, drug manufacturing offense, any crimes against a minor, or an election law offense.
You can download the appropriate application below and, when completed, mail it to this office. Or, if you prefer, we’ll send you a form if you provide a mailing address. On your application, be sure to provide the specific offense(s) and the exact date(s) of sentencing. If you do not have this information, you can get it by requesting a Criminal History Record through the Virginia State Police at (804) 674-6718 or online at their website, www.vsp.state.va.us.
The Secretary of the Commonwealth Office will conduct a criminal history and DMV record check on all applicants. Petitioners will be sent notice of the Governor’s decision within 60 days from the time an application is considered complete. Petitions are reviewed in the order in which they are received AND complete. If available, 2 Year Applicants are encouraged to include a certified copy of the felony sentencing order and proof of payment of court ordered costs, fines and/or restitution to significantly expedite the decision making process.
If your petition for restoration of rights is denied, you have no right of appeal – but you may reapply after a one-year period.
The restoration of civil rights:
- Does not restore the right to possess a firearm,
- Will not expunge a criminal conviction, Virginia does not have an Expungements process for felony or misdemeanor convictions.
- Is not a pardon.
A person who has been convicted of a felony must first have his or her rights restored in order to be considered for a pardon.
To regain state firearms privileges, a convicted felon must apply to the circuit court of his or her jurisdiction of residence for a permit to possess or carry a firearm. Circuit courts may consider the restoration of firearms privileges only after civil rights are restored. (Va. Code §18.2-308.2)
Feel free to contact Candice Reid, Director of Rights Restoration at (804)786-2441 (option 6 for Restoration of Rights) if you have any questions and/or would like to request an application mailed to you.
Criteria for Restoration of Rights
Felony convictions for which an applicant must complete the 2 Year Application:
- Embezzlement
- Welfare Fraud
- Habitual Offender
- Grand Larceny
- Drug Possession (must not be Drug Possession with the Intent to Distribute)
- Breaking and Entering
- Burglary/Statutory Burglary/Possession of Burglarious Tools
- Obtain Money by False Pretenses
- Prescription Fraud/Obtain Drugs by Fraud
- Petit Larceny, 3rd or Subsequent Offense
- Felonious Shoplifting/Concealment/Price Altering
- Driving Under the Influence or Driving While Intoxicated, 3rd or Subsequent Offense
- Credit Card Theft/Credit Card Fraud/Credit Card Forgery
- Identity Theft
- Mail Theft/Mail Fraud
- Bank Fraud
- Issuing Bad Checks/Worthless Checks
- Felony Eluding Police
- Forgery
- Uttering
- Perjury
- False Statement on Firearm Transaction Record
- Unlawful Possession of a Concealed Weapon
Felony convictions for which an applicant must complete the 5 Year Application:
- Drug Possession with the Intent to Distribute
- Drug Distribution
- Drug Manufacturing
- Robbery
- Malicious/Unlawful Wounding
- Felonious Assault
- Maiming
- Murder
- Manslaughter – Involuntary or Voluntary
- Production, publication, sale, financing, etc., of child pornography
- Shooting into an Occupied Vehicle or Building
- Arson of an Occupied Vehicle or Building
- Hit & Run/Leaving the Scene of an Accident with Injury
- Election Fraud
- Rape
- Forcible Sodomy/Sodomy of a Minor
- Carnal Knowledge of a Minor
- Carnal Knowledge of an Inmate by Correctional or Law Enforcement Officer
- Breaking and Entering with Intent to Commit Rape or Assault
- Accommodation Sale of a Controlled Substance
- Child Abuse/Neglect
If you have questions regarding which form you need to fill out, please contact Candice Reid, Director of Rights Restoration at (804)786-2441.
2 Year Applicants
The form above includes instructions on how to fill it out.
5 Year Applicants
The form above includes instructions on how to fill it out.
