Search Virginia.gov:

• Home    
• News    
• Official Documents    
  • Authentications
  • Notary Commissions
  • Seals of the Commonwealth
  • Organization Registration
• State Government    
  • Appointments
  • Conflict of Interest
  • Lobbyists
  • Bluebook Reports
  • Bluebook Archives
  • State Organization Chart
• Judicial System    
  • Clemency
  • Extraditions
  • Service of Process
• Forms    
• SOC Office Information    
  • Office Staff
  • Janet Vestal Polarek Bio
  • Contact Us
  • SOC Inquiry Form
  • Office Directions

 

Clemency

Solely the Governor has the authority to grant clemency and he may do so at his discretion.  This discretionary power allows each governor to establish his own guidelines and policies regarding the eligibility of those seeking clemency.

There are two types of clemency:  Restoration of Civil Rights and Pardons.

A restoration of rights restores the rights which are lost upon a felony conviction. These include the rights to vote, to run for and hold public office, to serve on juries and to serve as a Notary Public. It does not include the right to possess or transport any firearm or to carry a concealed weapon.  [If the Governor restores your rights, you may petition the circuit court of the jurisdiction in which you reside for a permit to possess or carry a firearm. The court may, in its discretion and for good cause shown, grant such a petition and issue a permit.]

There are three types of pardons:  simple, conditional, and absolute.  All three types require the petitioner to write a letter to the governor stating why the pardon should be granted.  If you have been convicted of a felony you must have your rights restored before the Governor will consider a petition for a pardon. 

Under Article V, Section 12, of the Virginia Constitution and Section 53.1-229 through 53.1-231 of the Code of Virginia, all clemency authority is vested solely in the Governor. Clemency is not guaranteed and if a petition is denied, the petitioner has no right of appeal.

Petitions for the restoration of rights and pardons are processed by the Secretary of the Commonwealth. Files are reviewed according to the order in which a completed application is received. The petitioner is notified by mail as to whether his or her petition has been granted or denied by the Governor.

• Get more information � including needed forms and instructions – about restoration of rights.
• Get more information about pardons.

---

For questions on Restoration of Rights, please contact:

Micah Womack, Restoration of Rights Director
Office of the Secretary of the Commonwealth
Post Office Box 2454
Richmond, Virginia 23218-2454
(804) 692-2531