What is Restoration of Rights?
Restoration of Rights is the legal process of regaining civil and constitutional rights.
Procédure de rétablissement des droits
The Constitution of Virginia gives the Governor the sole discretion to restore civil rights, not including firearm rights. Individuals seeking restoration of their civil rights are encouraged to submit a request to have their rights restored on the Secretary of the Commonwealth website. An individual convicted of a non-common law felony who is not currently incarcerated is eligible to vote without restoration by the Governor, but must apply for restoration of the remainder of their civil rights.
Informations importantes
Please note: The Governor does not have the authority to restore firearms rights. If you have had your civil rights restored and are seeking restoration of your firearm rights, please contact your local circuit court.
Vos droits sont-ils rétablis ?
Anyone convicted of a felony in Virginia automatically loses certain civil rights. If the felony is a “common law felony,” this includes the right to vote, serve on a jury, run for office, become a notary public and carry a firearm. If the felony is a not a common law felony, the person convicted retains the right to vote. The list of common law felonies is available on the Virginia Department of Elections website.
There are 11 felony offenses that existed at common law in 1870.
Felony Offenses
- Incendie criminel
- Cambriolage
- Escape and rescue from a prison or jail
- Larceny
- Homicide involontaire coupable
- Grabuge
- Meurtre
- Viol
- Vol qualifié
- Sodomy
- Suicide
The Commonwealth has identified three statutory offenses that disqualify individuals from registering to vote or voting, because they exactly match the elements of one of the offenses listed above. Those statutory offenses are listed below.
Statutory Offenses
- 18.2-32 (murder)
- 18.2-35 (voluntary manslaughter)
- 18.2-36 (involuntary manslaughter)
Expungements
Please be advised that the Office of the Governor does not have jurisdiction over expungements. If a case resulted in an acquittal, nolle prosequi, or dismissal, you must petition the Circuit Court in the jurisdiction where the charge was filed to request an expungement. We encourage you to contact that Circuit Court directly for assistance with your inquiry.
To learn more about the record‑sealing law that took effect on July 1, 2026, please visit https://vscc.virginia.gov/sealing.asp for additional information to determine whether it applies to your situation.
