Can Felons Vote in Virginia?
It depends. Currently, all felony convictions in Virginia result in permanent loss of voting rights. To vote, you must apply to the Governor for individual restoration of rights at restore.virginia.gov. There is no automatic restoration — yet. A constitutional amendment on the November 2026 ballot would change this by automatically restoring voting rights upon release from incarceration. Until that amendment passes (if it does), you must petition the Governor.
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Overview
Virginia is one of the most restrictive states for felon voting rights. Under the state constitution, all felony convictions result in permanent disenfranchisement, and restoration requires individual action by the Governor. There is no automatic restoration. Governor Youngkin (2022-2026) required case-by-case petition review, significantly reducing the number of restorations compared to his predecessors. Governor Spanberger (inaugurated January 2026) has signaled a return to broader restoration policies. Most significantly, a proposed constitutional amendment (HJ 2/SJ 2) passed the General Assembly in January 2026 and will appear on the November 3, 2026 ballot. If approved by voters, the amendment would automatically restore voting rights to all people upon release from incarceration for a felony, without further action required. This would be a historic change affecting approximately 264,000 currently disenfranchised Virginians.
Quick Answer
It depends. Currently, all felony convictions in Virginia result in permanent loss of voting rights. To vote, you must apply to the Governor for individual restoration of rights at restore.virginia.gov. There is no automatic restoration — yet. A constitutional amendment on the November 2026 ballot would change this by automatically restoring voting rights upon release from incarceration. Until that amendment passes (if it does), you must petition the Governor.
Can vote
- ✓Governor has individually restored your voting rights (rights restoration order issued)
- ✓Received a full pardon from the Governor
- ✓Felony conviction was overturned, vacated, or expunged
- ✓Convicted of a misdemeanor only (misdemeanors do not affect voting rights)
- ✓In jail awaiting trial (pretrial detention) — not yet convicted of a felony
- ✓Completed your felony sentence and received rights restoration under a previous governor's blanket or streamlined order
Cannot vote
- ✗Convicted of any felony and have NOT received individual rights restoration from the Governor
- ✗Currently incarcerated in state or federal prison for a felony conviction
- ✗Completed your felony sentence but have not applied for or received rights restoration
- ✗Applied for rights restoration but application is still pending or was denied
- ✗Found mentally incompetent to vote by a court
Step-by-Step Process
Complete your felony sentence
Before applying for rights restoration, you must complete your entire sentence, including incarceration, probation, and parole. Virginia does not restore voting rights to people currently serving any part of a felony sentence. Under Governor Spanberger's policy, you may apply once your full sentence is complete.
Apply for restoration of rights
Apply online at restore.virginia.gov. You will need to provide personal information, details about your felony conviction(s), confirmation that your sentence is complete, and information about your current circumstances. The application is reviewed by the Governor's office. There is no fee to apply.
Wait for the Governor's decision
The Governor's office reviews applications on a case-by-case basis. Processing times vary depending on the administration's policies and volume of applications. Under Governor Youngkin, factors considered included the nature of the felony, whether a firearm was used, and whether court fees were paid. Governor Spanberger's specific criteria are being implemented. You will be notified of the decision.
Receive your rights restoration order
If approved, you will receive a rights restoration order from the Governor's office confirming that your civil rights, including the right to vote, have been restored. Keep this document for your records. Your information will be forwarded to the Department of Elections.
Register to vote
Once your rights are restored, register to vote online at elections.virginia.gov/citizen-portal using your Virginia driver's license or state ID number, or the last four digits of your SSN. You can also register by mail, in person at your local general registrar's office, or at a DMV office. The registration deadline is 22 days before Election Day, though late registration is available in person up to 7 days before.
Vote and stay informed about the 2026 amendment
Vote in person at your assigned polling place on Election Day, during early voting (which begins 45 days before the election), or by absentee ballot. Importantly, watch for the November 2026 ballot — a constitutional amendment (HJ 2) would make rights restoration automatic upon release from incarceration, eliminating the need for the gubernatorial petition process described above.
Key Laws
| Law | Year | Description |
|---|---|---|
| Virginia Constitution, Article II, Section 1 | 1902 (current language) | Provides that 'no person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority.' This constitutional provision creates permanent disenfranchisement for all felonies, with the Governor as the sole path to restoration. The proposed 2026 amendment (HJ 2) would replace this provision. |
| HJ 2 / SJ 2 — Voting Rights Restoration for Felons Upon Release Amendment (2026) | 2026 (on November ballot) | Constitutional amendment passed by the General Assembly in January 2026 (House: 65-33, Senate: 21-18) and signed by Governor Spanberger in February 2026 to be placed on the November 3, 2026 ballot. If approved by voters, it would amend Article II, Section 1 to provide that a person convicted of a felony shall not vote during incarceration but 'upon release from incarceration for that felony conviction and without further action required of him, shall be invested with all political rights, including the right to vote.' |
| Governor McAuliffe — Executive Clemency Actions (2016) | 2016 | Governor Terry McAuliffe attempted to restore voting rights to approximately 200,000 Virginians with felony convictions through blanket executive orders. The Virginia Supreme Court ruled that blanket restoration was unconstitutional, requiring individual action. McAuliffe then individually restored rights for over 173,000 people during his term. |
| Governor Northam — Streamlined Restoration (2021) | 2021 | Governor Ralph Northam implemented a streamlined, automatic restoration process for all people who had completed their sentences, restoring rights for tens of thousands of Virginians. This continued the trend of broader restoration policies. |
| Governor Youngkin — Case-by-Case Review (2022-2026) | 2022-2026 | Governor Glenn Youngkin reversed the streamlined approach and returned to case-by-case review of individual petitions. Restoration numbers dropped significantly: from over 4,300 in his first year to 1,641 in his final year (January 2024 to January 2025). Factors considered included nature of the offense, firearm use, and payment of court fees. |
| Virginia Code § 24.2-101 et seq. — Election Laws | Amended through 2025 | Virginia's election code defines voter qualifications and the registration process. Under current law, voter registration requires an affirmation that the applicant's voting rights have not been revoked, or if revoked, that they have been restored by the Governor. |
Edge Cases
My rights were restored by a previous governor. Do I need to reapply under the current governor?
No. Once your rights are restored by any Governor, the restoration is permanent. It does not expire or need to be renewed when a new governor takes office. If you received a rights restoration order under Governor McAuliffe, Northam, or Youngkin, your rights remain restored. You should register to vote if you have not already.
What happens if the 2026 constitutional amendment passes?
If voters approve HJ 2 in November 2026, all Virginians with felony convictions who are not currently incarcerated would have their voting rights automatically restored, without needing to petition the Governor. This would apply retroactively to everyone who has already completed their incarceration, regardless of whether they are on probation, parole, or owe fines. Approximately 264,000 people would become eligible to vote.
Can I vote while on probation or parole in Virginia?
Under current law: only if the Governor has individually restored your rights. The current petition process generally requires completion of your full sentence (including probation/parole) before applying. If the 2026 amendment passes, people on probation or parole would be able to vote as long as they are not incarcerated.
Do I need to pay fines and court costs before my rights can be restored?
Under Governor Youngkin's policy, payment of court fees was one factor considered in the case-by-case review, but it was not an absolute requirement. Governor Spanberger's specific criteria are being implemented. Under the proposed 2026 amendment, unpaid fines would not be a barrier — rights would be restored automatically upon release from incarceration.
I have a federal felony conviction. Can I get my rights restored in Virginia?
Yes. The Governor's restoration process covers both state and federal felony convictions. Apply at restore.virginia.gov after completing your sentence. Federal convictions are treated the same as state convictions for purposes of rights restoration in Virginia.
I was convicted of a felony in another state but now live in Virginia. Can I vote?
It depends. Under Virginia law, an out-of-state felony conviction also triggers disenfranchisement. You must apply for rights restoration through the Governor's office. If the other state automatically restored your rights, that may not be recognized in Virginia — you may still need Virginia gubernatorial restoration. Consult the Secretary of the Commonwealth's office for guidance.
Frequently Asked Questions
- Can I vote in Virginia if I have a felony conviction?
- Only if the Governor has individually restored your voting rights. Virginia permanently strips voting rights for all felony convictions, with no automatic restoration. You must apply at restore.virginia.gov after completing your sentence. A constitutional amendment on the November 2026 ballot would change this to automatic restoration upon release from incarceration.
- How do I apply for restoration of voting rights in Virginia?
- Apply online at restore.virginia.gov. You will need to provide your personal information, conviction details, and confirmation that your sentence is complete. There is no fee. Processing times vary by administration. You will be notified of the Governor's decision.
- What is the 2026 constitutional amendment about voting rights?
- HJ 2 / SJ 2 is a constitutional amendment that passed the Virginia General Assembly in January 2026 (House: 65-33, Senate: 21-18) and will be on the November 3, 2026 ballot. If approved by voters, it would amend the Virginia Constitution to automatically restore voting rights to all people upon release from incarceration for a felony, without any petition or gubernatorial action required. This would end Virginia's current system of permanent disenfranchisement.
- How many people are disenfranchised in Virginia?
- As of 2024, approximately 264,000 Virginians were disenfranchised due to felony convictions, ranking Virginia 6th nationally for the highest percentage of citizens disqualified from voting due to criminal convictions. This disproportionately affects Black Virginians, who at one point comprised 22% of the disenfranchised adult citizen population.
- What changed between Governor Northam and Governor Youngkin?
- Governor Northam (2018-2022) implemented a streamlined, near-automatic restoration process for people who completed their sentences. Governor Youngkin (2022-2026) reversed this and required individual case-by-case review, considering factors like the nature of the offense, firearm use, and court fee payment. Restoration numbers dropped significantly under Youngkin — from thousands per year to around 1,641 in his final year.
- What is Governor Spanberger's policy on voting rights restoration?
- Governor Abigail Spanberger, who took office in January 2026, has expressed support for broader restoration of voting rights. She signed the bills placing the 2026 constitutional amendment on the ballot in February 2026, stating that 'when Virginians have paid their debt to society, they deserve to regain their right to vote.' Her specific criteria for processing restoration petitions are being implemented.
- How do I register to vote after my rights are restored?
- Once the Governor restores your rights, register online at elections.virginia.gov/citizen-portal using your Virginia driver's license or state ID number (or last 4 digits of SSN). You can also register by mail, in person at your local general registrar's office, or at a DMV. The deadline is 22 days before Election Day, with late in-person registration available up to 7 days before.
- Can I vote by absentee ballot in Virginia with a felony record?
- Yes, once your rights are restored and you are registered. Virginia allows any registered voter to vote early in person (starting 45 days before Election Day) or request an absentee mail ballot. Apply for an absentee ballot through your local general registrar or at elections.virginia.gov.
- What if my restoration application is denied?
- If your application is denied, the Governor's office should provide a reason. You can reapply, though you may want to address the factors that led to the denial (such as completing remaining sentence terms or paying court fees). There is no set waiting period before reapplying. Legal aid organizations such as the ACLU of Virginia can provide assistance.
- What if I was wrongly told I cannot vote after my rights were restored?
- If a Governor has restored your rights and you are registered, you have the full right to vote. No one can turn you away at the polls for a past felony conviction if your rights have been restored. Contact the Virginia Department of Elections at (800) 552-9745 or your local general registrar to confirm your status. The ACLU of Virginia and Fair Elections Center also provide free voting rights assistance.
Take Action — Direct Links
- Virginia Secretary of the Commonwealth — Restore Your Rights
Official portal to apply for restoration of voting rights from the Governor. Includes application form, eligibility information, and status checking.
- Virginia Department of Elections — Citizen Portal (Voter Registration)
Register to vote, check registration status, find your polling place, and request an absentee ballot after your rights are restored.
- Ballotpedia — Virginia Voting Rights Restoration for Felons Upon Release Amendment (2026)
Detailed information about the 2026 constitutional amendment on the November ballot, including the amendment text, legislative history, and voting guide.
- Fair Elections Center — Virginia Voting Rights Restoration
Advocacy and informational resources about Virginia's voting rights restoration process and the 2026 constitutional amendment campaign.
- ACLU of Virginia — Voting Rights Restoration
Know-your-rights information, legal assistance, and advocacy for voting rights restoration in Virginia. Includes resources on the 2026 amendment.
- Campaign Legal Center — Restore Your Vote (Virginia)
Interactive tool that walks you through Virginia's specific voting rights rules and helps determine your eligibility to vote after a felony conviction.
- Brennan Center for Justice — Voting Rights Restoration Efforts in Virginia
Research and analysis of Virginia's voting rights restoration history, including data on restoration numbers by governor and the impact of different policies.
- Virginia Department of Elections — General Registrar Directory
Directory of all local general registrar offices across Virginia with contact information for voter registration and election questions.
Video Guides
Sources
- Virginia Secretary of the Commonwealth — Restore Your Rights
- Virginia Department of Elections
- Ballotpedia — Virginia Voting Rights Restoration for Felons Upon Release Amendment (2026)
- Virginia Mercury — Spanberger Signs Bills to Send Constitutional Amendments to Voters
- NPR — Virginia's Tough Rules for Felons to Regain Voting Rights Could Soon Be Changing
- VPM News — Voting Rights Restorations Drop for 3rd Year Under Youngkin
- Brennan Center for Justice — Voting Rights Restoration Efforts in Virginia
- Fair Elections Center — Virginia Voting Rights Restoration Amendment
- Wikipedia — 2026 Virginia Voting Rights Restoration Amendment
- Democracy Docket — Virginia Takes Key Step to End Effort to Block Black People from Voting
- NCSL — Felon Voting Rights by State