Legal Question in Criminal Law in Virginia

Re: restoration of rights

A restoration of rights application form with instructions can be downloaded from one of the Virginia government websites. This remedy is available only to those who've been convicted of a nonviolent felony crime in the Commonwealth(includes military courts). Also excludes those who've been convicted of felony drug crime involving distribution or interfering with an election process.

If approved, the applicant for restoration can have his/her right to vote, serve on a jury or hold public office restored. It does not restore

the right to a convicted felon to own or possess a firearm.

It is also important to note that this process in no way expunges the record of a criminal conviction. Such expungement of criminal records is generally not available to anyone convicted of a crime in the Commonnwealth unless the person can show he or she was wrongfully convicted and has received a pardon from the governor. (See Va. Code Sec. 19.2-392.2 et seq.)