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Virginia Pardon & Clemency — How to Apply

Virginia pardons are granted by the Governor with recommendations from the Parole Board. Virginia has been increasingly active in clemency and rights restoration.

Last updated: 2026-03-28. This is informational only, not legal advice.

Who Grants Pardons

Authority: Governor

The Governor of Virginia has exclusive clemency power. The Virginia Parole Board investigates applications and makes recommendations.

Types of Clemency Available

Full Pardon

Forgives the conviction and restores all civil rights. Virginia offers absolute pardons (innocence), conditional pardons, and simple pardons.

Conditional Pardon

Pardon with conditions.

Commutation

Reduction of sentence.

Eligibility Requirements

Waiting period: Must have completed sentence. No specific statutory waiting period for pardons.

Clean record required: Yes — Must demonstrate rehabilitation and a clean record.

Other requirements:
  • Must have completed all terms of the sentence
  • Must demonstrate rehabilitation and community contribution

How to Apply — Step by Step

  1. Submit a clemency petition to the Secretary of the Commonwealth, who administers clemency for the Governor.
  2. Complete the petition with conviction details and rehabilitation evidence.
  3. The Parole Board or Secretary's office investigates.
  4. The Governor reviews and makes the final decision.

What a Pardon Does & Doesn't Do

Gun Rights

A pardon can restore state firearm rights. A separate petition to the circuit court may also be required. Federal restrictions may still apply.

Voting Rights

Virginia requires executive clemency (Governor's action) for voting rights restoration for felony convictions. Governors have restored rights to thousands through individual and group actions.

Effect on Criminal Record

A pardon does not automatically expunge the record. Virginia expanded expungement (now called 'sealing') in 2021 for certain offenses.

Employment

A pardon can significantly help with employment, especially combined with rights restoration.

Processing Time & Likelihood

Average processing time: 6 to 18 months for a full pardon; rights restoration can be faster

Pardon rate: Moderate for rights restoration; low for full pardons

Cost: Free — no filing fee

Pardon vs. Expungement in Virginia

Virginia expanded its record sealing law in 2021, allowing sealing of many offenses. Sealing is more accessible than a full pardon. Rights restoration (particularly voting) may be available through the Governor's individual or group actions without a full pardon.

See the full Virginiaexpungement guide →

Official Resources

Frequently Asked Questions

How do I restore my voting rights in Virginia?
Virginia requires the Governor's action for voting rights restoration. Apply through the Secretary of the Commonwealth's office for individual rights restoration. Governors have restored rights to thousands through both individual and group actions.
How do I apply for a pardon in Virginia?
Submit a clemency petition to the Secretary of the Commonwealth. The petition is investigated and the Governor makes the final decision.
What types of pardons does Virginia offer?
Virginia offers absolute pardons (for innocence), conditional pardons, and simple pardons (which forgive the offense and restore civil rights).

Related Virginia Pages

Related Resources on This Site

Disclaimer: This is informational only, not legal advice. Pardon and clemency laws change frequently. Consult a qualified attorney in Virginia for advice about your specific situation.
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