A felony conviction in Virginia strips five civil rights the moment the judgment is entered: the right to vote, the right to hold public office, the right to serve on a jury, the right to serve as a notary public, and the right to possess a firearm. Those are the core rights felons lose in Virginia. Most can be restored by the Governor through a clemency application. Firearms are the exception and require a separate court petition after that.
The Right to Vote
Virginia’s constitution bars anyone convicted of a felony from voting unless the Governor or another appropriate authority restores the right.1Virginia Code Commission. Constitution of Virginia – Article II, Section 1 – Qualifications of Voters The disqualification attaches at conviction, not at sentencing, and it does not expire. Whether you are still incarcerated or finished your sentence decades ago, you cannot register or cast a ballot until your rights are restored.
The Right to Possess a Firearm
A felony conviction makes it a crime to knowingly possess or transport any firearm, firearm ammunition, stun weapon, or explosive material in Virginia, and to carry any concealed weapon. The prohibition applies whether the felony was a Virginia, federal, or out-of-state conviction.2Virginia Code Commission. Virginia Code 18.2-308.2 – Possession or Transportation of Firearms, Firearms Ammunition, Stun Weapons, Explosives or Concealed Weapons by Convicted Felons One narrow carve-out: you may keep a stun weapon in your own home or on your own property.
Violating the ban is a Class 6 felony, and the statute carries mandatory minimum prison time that runs consecutively to any other sentence — five years if the prior conviction was for a violent felony, two years if it was another felony within the past ten years.2Virginia Code Commission. Virginia Code 18.2-308.2 – Possession or Transportation of Firearms, Firearms Ammunition, Stun Weapons, Explosives or Concealed Weapons by Convicted Felons
The Right to Hold Public Office
Any person holding a public office of honor, profit, or trust in Virginia who is convicted of a felony forfeits that office once appeals are exhausted.3Virginia Code Commission. Virginia Code 24.2-231 – Forfeiture of Office by Person Sentenced for Commission of Certain Crimes A later pardon does not reinstate the seat. The pardoned person would need to run again or be reappointed.
The Right to Serve on a Jury
A felony conviction permanently disqualifies you from serving on any jury in Virginia, civil or criminal.4Virginia Code Commission. Virginia Code 8.01-338 – Who Disqualified Restoration of civil rights through the Governor lifts this bar.
The Right to Serve as a Notary Public
To be commissioned as a notary in Virginia, you must never have been convicted of a felony under federal, Virginia, or another state’s law. The only ways around this are a pardon, a conviction vacated through a writ of actual innocence, or a formal restoration of rights.5Secretary of the Commonwealth of Virginia. Virginia Code 47.1-4 – Qualification for Appointment The rule covers every felony, not just those tied to fraud or dishonesty.
Other Consequences Beyond the Five Core Rights
The five rights above vanish by operation of law. A felony conviction also carries collateral consequences in several areas people often ask about.
Employment and Professional Licensing
A felony conviction can block or complicate professional licensing, particularly in healthcare, education, and contracting. The Department of Professional and Occupational Regulation requires applicants to disclose felony convictions, and Virginia law directs licensing boards to consider whether a conviction directly relates to the occupation. A felony still presents a real barrier in practice.
State agencies and localities cannot require applicants to disclose criminal arrests, charges, or convictions on initial job applications, with exceptions for sensitive positions such as law enforcement and school employees. Employers remain free to ask during or after an interview. All employers and educational institutions are separately prohibited from asking about arrests, charges, or convictions related to marijuana possession.
Foster Care and Adoption
Virginia maintains a list of “barrier crimes” that disqualify people from approval by child-placing agencies. For child-welfare purposes, barrier crimes include adult felony convictions and juvenile adjudications for offenses that would be felonies if committed by an adult, from Virginia or anywhere else. If a prospective foster or adoptive parent has a barrier crime conviction or a founded complaint of child abuse or neglect, the Commissioner generally cannot license the child-placing agency for that home, and the agency cannot approve the placement.6Virginia Code Commission. Virginia Code 63.2-1721 – Background Check Upon Application for Licensure as a Child-Placing Agency; Penalty Limited waivers exist, but the default is disqualification. The barrier-crime list is broad, covering violent offenses, weapons charges, arson, drug offenses, kidnapping, sexual offenses, and gang-related activity.
Passports and Travel
Most felonies do not disqualify you from holding a U.S. passport. The main exception involves drug offenses: federal law bars passport issuance to anyone convicted of a federal or state drug felony if they used a passport or crossed an international border while committing the offense, and the restriction lasts through imprisonment and supervised release.7Office of the Law Revision Counsel. 22 USC 2714 – Denial of Passports to Certain Convicted Drug Traffickers The Secretary of State can waive the bar for emergencies or humanitarian reasons. Outstanding federal warrants, active parole or probation, court-ordered travel restrictions, and child-support arrears above $2,500 can also trigger passport denial.
Public Benefits and Housing
Federal law once imposed a lifetime ban on SNAP and TANF benefits for people with drug-related felony convictions, with an opt-out for states. Virginia opted out of both. A person otherwise eligible for SNAP cannot be denied solely because of a drug-related felony conviction, and the same protection applies to TANF.8Virginia Code Commission. Virginia Code 63.2-505.2 – Eligibility for Food Stamps; Drug-Related Felonies
No Virginia or federal law flatly prohibits landlords from considering felony convictions. Federal fair housing guidance warns that blanket criminal-record screening can violate the Fair Housing Act when it disproportionately affects a protected class, and screening landlords are expected to weigh the nature and severity of the offense, how long ago it happened, and evidence of rehabilitation.
Driver’s License
Most felonies do not automatically trigger a driver’s license revocation. The significant exception is a felony DUI conviction, which the DMV Commissioner must revoke separately from any court-imposed suspension.9Virginia Code Commission. Virginia Code 46.2-391 – Revocation of License for Multiple Convictions of Driving While Intoxicated Drug-related felonies can also lead to license suspension under federal funding rules.
Getting Your Rights Restored
The Virginia Constitution gives the Governor sole discretion to restore civil rights lost to a felony conviction.10Virginia General Assembly. Constitution of Virginia – Article V, Section 12 – Executive Clemency A single restoration order covers voting, holding public office, jury service, and notary eligibility. It does not cover firearms.11Commonwealth of Virginia. Restoration of Rights
To apply, you must have a felony conviction and no longer be incarcerated. You begin by contacting the Secretary of the Commonwealth through the restoration website. The office then reviews your record with state agencies to confirm you meet the Governor’s standards. If the Governor approves, the Secretary of the Commonwealth issues a personalized restoration order. The process works the same whether your felony was a Virginia, federal, or out-of-state conviction.12Secretary of the Commonwealth of Virginia. Restoration of Rights Process
Restoring Firearm Rights
Firearms run on a separate track. After your civil rights have been restored by the Governor, you must petition the circuit court in the jurisdiction where you live or where you were convicted.2Virginia Code Commission. Virginia Code 18.2-308.2 – Possession or Transportation of Firearms, Firearms Ammunition, Stun Weapons, Explosives or Concealed Weapons by Convicted Felons The court decides based on good cause shown. A granted order is forwarded to the Central Criminal Records Exchange so law enforcement databases reflect the change.13Virginia State Police. Restoration of Firearm Rights The statute does not list required evidence, and the State Police direct petitioners to their local court for guidance. Courts typically weigh the nature of the original offense, your record since then, and evidence of rehabilitation. Skipping this step and relying on the Governor’s restoration alone can expose you to a new felony charge.
Restoration Is Not Expungement
Having your rights restored does not erase the conviction. It remains on your record, and you still must disclose it when an application asks about criminal history. Record sealing is a separate legal process. New Virginia sealing provisions taking effect July 1, 2026 reach specific misdemeanors and deferred charges, and broader sealing legislation may touch certain lower-level felonies; the implementation details are still being worked out and should be confirmed with a Virginia attorney.14Virginia Code Commission. Virginia Code 19.2-392.12:1 – (Effective July 1, 2026) Sealing of Charges and Convictions