Virginia Pardon: Types, Process, and Civil Rights Restoration

A Virginia pardon is an act of executive clemency granted by the Governor under Article V, Section 12 of the state constitution. It is not an expungement: in most cases the conviction stays on your record with a notation that a pardon was granted. Virginia recognizes three types — simple, conditional, and absolute — and you petition for one through the Clemency Staff in the Office of the Secretary of the Commonwealth. There is no hearing, no conference, and no guaranteed timeline. The investigation phase alone often takes two years or longer.¹

The Three Types of Pardon

Simple Pardon

A simple pardon is a statement of official forgiveness. It does not remove the conviction; it adds a “pardon” notation next to the conviction entry on the record.² To be eligible, you must have completed every court-imposed condition — probation, suspended sentences, good-behavior requirements — and then waited five years.

If your conviction was a felony, you cannot petition for a simple pardon until your civil rights have first been restored by the Governor.¹ That is a separate application through restore.virginia.gov, described further below.

Conditional Pardon

A conditional pardon modifies or ends a court-imposed sentence. It is available only to people who are currently incarcerated and who are not eligible for parole.² This category matters especially in Virginia because the state abolished discretionary parole for all felonies committed on or after January 1, 1995, so most people serving long sentences have no other mechanism for early release.³ Conditional pardons are described by the state as rare, because governors generally do not substitute executive judgment for the courts’.

The Governor may attach conditions, such as post-release supervision similar to parole. Any conditions require the recipient’s written consent, and violating them can result in reincarceration.⁴

Two subtypes receive expedited processing:

Medical pardons, for terminally ill incarcerated individuals with a life expectancy of three months or less. The Governor may impose supervision and require periodic medical updates to the Department of Corrections.
Partial (immigration) pardons, for individuals facing deportation within 30 days or less.

Absolute Pardon

An absolute pardon is the most consequential form and is granted only when the Governor is convinced of the petitioner’s innocence. The state describes it as a remedy of last resort.² To qualify, you must have pleaded not guilty throughout the judicial process and exhausted all appeals and remedies, including a Writ of Actual Innocence.

Since July 1, 2019, an absolute pardon triggers automatic judicial expungement of the related police and court records under Va. Code § 19.2-392.2(I). On receiving a copy of the pardon, the court is required to enter an expungement order — the individual does not need to file a petition.⁵ The clerk then forwards the order to the Department of State Police, which directs how the records are removed.⁶

How to Petition

You can petition without an attorney, though legal help is recommended, particularly for conditional pardons, where advocacy organizations report that having counsel significantly improves the odds.⁷ Petitions are filed online through the state’s Executive Clemency portal or by mail using the official Pardon Petition Questionnaire Form, sent to:

Clemency Staff
P.O. Box 2454
Richmond, VA 23218-2454²

The application asks for detailed personal information and a full adult and juvenile criminal history, including arrests that were dismissed or occurred out of state. For each entry you provide the circumstances of the arrest, charges, convictions, sentencing details, plea information, and appellate history.⁸ You may add supporting material — employment history, education, military service, community involvement — and a personal statement explaining why the Governor should grant the pardon.

After you file, the Governor may direct the Virginia Parole Board to investigate and issue non-binding recommendations. The Board has broad authority to review criminal investigative files, prosecution files, and sealed presentence reports, and public bodies must respond to Board requests within 30 working days.⁹ Records gathered during these investigations are exempt from public disclosure under Virginia’s Freedom of Information Act.

There is no hearing, meeting, or conference. Staff will only discuss a petition with the petitioner unless written consent is provided allowing someone else to communicate on their behalf. Questions go to the Clemency Staff at 804-692-2542 or pardons@governor.virginia.gov.²

How Long It Takes and What Happens If You Are Denied

The state’s own guidance is direct: there is “no reliable method of predicting how long a pardon petition will take to complete,” and the investigation alone may run two years or more.¹ Medical and immigration-related conditional pardons are the exceptions and receive expedited handling.

If your petition is denied, there is no appeals process. You may file a new petition three years after the date of the denial letter.²

What a Pardon Does Not Do

Several important limits are worth naming, because a pardon does less than many people assume.

It does not restore your right to possess a firearm. Firearm rights are handled separately: under Va. Code § 18.2-308.2, you must petition the circuit court in the locality where you live (or where you were convicted, if you live outside Virginia).⁶

It does not remove anyone from the Sex Offender Registry, and it does not reach federal or out-of-state convictions. The Governor’s authority extends only to Virginia offenses.²

And the pardon power, while broad, must be exercised individually. The Virginia Supreme Court has held that the clemency power “is not absolute” and requires case-by-case consideration, striking down a prior attempt at a blanket restoration order.¹⁰

Pardons, Civil Rights Restoration, and Record Sealing

People confuse these three, so it helps to keep them separate. A felony conviction in Virginia strips the right to vote, serve on a jury, hold public office, and serve as a notary public. Only the Governor can restore those civil rights, and applications go through the Secretary of the Commonwealth at restore.virginia.gov.¹¹ Restoration is a prerequisite to petitioning for a simple pardon after a felony, not a substitute for it.²

Record sealing is different again. Virginia’s sealing law, originally passed in 2021 and substantially amended in 2025, takes effect on July 1, 2026, with automatic sealing beginning October 1, 2026. It covers certain misdemeanor and low-level felony convictions, non-conviction records, and traffic infractions. A pardon is not required to seal a record, though a simple pardon can be used as a supporting argument in a petition-based sealing case before a judge. Sealing, in turn, does not restore civil or firearm rights.¹²

Four separate tracks, in short: pardon, civil rights restoration, record sealing, and firearm rights. Each has its own eligibility rules, its own application, and its own effect. Sorting out which one you actually need is the first step before filing anything.

1
Commonwealth of Virginia. Virginia Executive Clemency Fact Sheet
2
Commonwealth of Virginia. Pardons
3
Prison Legal News. Parole Remains Elusive for Virginia Prisoners
4
Legal Aid Justice Center. Pardons and Conditional Release Guide
5
Virginia Code Commission. Va. Code § 19.2-392.2
6
Collateral Consequences Resource Center. Virginia Restoration of Rights, Pardon, Expungement, Sealing
7
Justice Forward Virginia. Virginia Redemption Project
8
Commonwealth of Virginia. Pardon Petition Questionnaire Form
9
Virginia Code Commission. Va. Code § 53.1-231
10
Supreme Court of Virginia. Howell v. McAuliffe
11
Commonwealth of Virginia. Restoration of Rights Process
12
Justice Forward Virginia Foundation. Expungement and Sealing