What Do I Need to Know About Restoring My Rights in Virginia?
What felonies disqualify me from rights restoration in VA?
Under Virginia law, certain felony convictions automatically disqualify you from having your civil rights restored. These primarily involve violent felonies, including convictions for murder, rape, forcible sodomy, or a felony violation of § 18.2-308.2 (using or displaying a firearm in committing a felony).
While the Virginia Constitution grants the Governor the authority to restore civil rights, this power is typically not exercised for those convicted of particularly heinous crimes. The specific criteria used by the Governor's office can evolve, but crimes involving significant violence or the use of firearms in a threatening manner are generally scrutinized more heavily. Even if your conviction isn't automatically disqualifying, the nature of the offense and its impact on victims will be considered during the review process. It's important to remember that even if you are initially denied restoration due to the nature of your felony, you can reapply. Demonstrating a sustained period of good behavior, community involvement, and personal rehabilitation can significantly improve your chances of a successful application in the future. The Governor's office considers each case individually, and a strong record of positive contributions can help to overcome the challenges presented by a prior conviction.How long after my conviction can I apply to have my rights restored in Virginia?
In Virginia, the waiting period before you can apply to have your civil rights restored depends on the type of conviction. For a felony conviction, you generally must wait five years from the date of your conviction or your release from incarceration, whichever is later. If you have multiple convictions, the five-year waiting period applies from the date of the most recent conviction or release.
The five-year waiting period is just one eligibility requirement. To be eligible, you must have completed all terms of your sentence, including probation and parole. You must also be current on all court-ordered restitution and child support payments. Having outstanding legal obligations or failing to meet the required waiting period will disqualify you from having your rights restored. It is also important to understand that restoration of rights in Virginia is not automatic. You must apply to the Governor for restoration, and the application process involves providing information about your conviction, demonstrating good behavior since your conviction, and showing that you are a law-abiding and contributing member of society. The Governor's decision is discretionary, meaning that even if you meet the minimum requirements, there is no guarantee that your rights will be restored.What's the process for restoring my gun rights in Virginia?
In Virginia, the process for restoring your gun rights depends on whether the loss was due to a felony conviction or a mental health adjudication. For a felony conviction, you must petition the circuit court in the jurisdiction where you reside after a waiting period of five years for a non-violent felony or seven years for a violent felony, proving you have been a law-abiding citizen. If the loss was due to a mental health adjudication, you must petition the court that issued the order, demonstrating that your mental health has improved and you are no longer a danger to yourself or others. Restoration is not guaranteed and is at the discretion of the court.
The restoration process following a felony conviction involves several key steps. First, you must meet the required waiting period after your conviction, which is five years for non-violent felonies and seven years for violent felonies, as defined by Virginia law. During this period, you must maintain a clean criminal record, demonstrating that you have been a law-abiding and responsible member of the community. You will then need to file a petition with the circuit court in the Virginia jurisdiction where you currently reside. This petition must provide detailed information about your conviction, your post-conviction conduct, and why you believe your gun rights should be restored. The Commonwealth's Attorney will be notified and given an opportunity to respond to your petition. The court will then review your petition, conduct a hearing, and consider evidence of your good conduct and reputation. Factors the court may consider include your employment history, community involvement, completion of rehabilitation programs, and letters of recommendation. It is crucial to gather as much supporting documentation as possible to strengthen your case. Even if you meet all the legal requirements, the court still has the discretion to deny your petition. If the court grants your petition, an order will be entered restoring your gun rights. It is strongly recommended to consult with an attorney experienced in Virginia gun rights restoration to navigate this complex process effectively.Does Virginia automatically restore voting rights?
No, Virginia does not automatically restore voting rights to individuals convicted of a felony. You must apply to have your rights restored by the Governor.
While Virginia does not automatically restore voting rights, the process has been streamlined under recent administrations. Previously, individuals had to meet specific requirements, such as completing their sentence (including probation and parole) and paying all court costs and restitution. While these factors may still be considered, the application process is now designed to be more accessible. You can find the application on the Virginia Department of Elections website or through other designated state agencies. To begin the process of restoring your voting rights in Virginia, you should first ensure you have completed all terms of your sentence, including any period of supervision. Although paying court costs and restitution is not strictly required for restoration, addressing these obligations demonstrates responsibility and can positively influence your application. After completing the application, it will be reviewed by the Secretary of the Commonwealth, and a recommendation will be made to the Governor. The Governor then has the sole discretion to restore or deny your voting rights.Will my criminal record be expunged when my rights are restored in VA?
No, restoration of your rights in Virginia does not automatically expunge your criminal record. Rights restoration focuses on regaining specific civil rights, such as the right to vote, serve on a jury, and hold public office, while expungement is a separate legal process that seeks to seal or erase the record of an arrest or conviction.
In Virginia, the process for rights restoration and expungement are distinct. Rights restoration is typically handled through an application to the Governor, although the requirements and eligibility vary based on the nature of the conviction and length of time since release from supervision. Expungement, on the other hand, requires a petition to the court and is only available under specific circumstances. Generally, expungement is possible if you were found not guilty, the charge was dismissed, or you were a victim of identity theft that led to the charges. Even if you successfully restore your rights, your criminal record will still be visible during background checks and may be considered by employers or other entities. Therefore, if you desire to have your record sealed or erased, you must pursue expungement separately, provided you meet the eligibility requirements under Virginia law. Consulting with an attorney is highly recommended to determine your eligibility for expungement and navigate the complexities of the legal process.What documentation do I need to submit with my Virginia rights restoration application?
Generally, you do not need to submit extensive documentation with your Virginia rights restoration application. The key is to accurately and completely fill out the application form provided by the Office of the Governor. However, you *must* include a certified copy of the sentencing order for each felony conviction you have.
To ensure a smooth application process, it's crucial to provide all the information requested on the application form accurately. This includes details about your convictions, residency, and compliance with court orders. While the Commonwealth does not typically require additional documentation beyond the certified sentencing orders, providing supporting documents can be helpful, especially if your record has complexities. It can be useful to include documents that demonstrate your rehabilitation and good standing in the community. Though optional, consider including letters of recommendation from employers, community leaders, or religious figures; certificates of completion for educational or vocational programs; proof of community service; or any other documents that showcase your positive contributions and commitment to responsible citizenship. This documentation may help strengthen your case and positively influence the Governor's decision.Is a lawyer required to restore my rights in Virginia?
No, a lawyer is not legally required to restore your rights in Virginia, but it is highly recommended. The process can be complex, involving applications, court appearances (depending on the rights sought), and potentially navigating legal hurdles if your application is initially denied. While you can represent yourself (pro se), an attorney can significantly increase your chances of success by ensuring your application is complete, accurately reflects your eligibility, and that you are prepared for any court proceedings.
Restoring your rights in Virginia typically involves restoring your civil rights (such as the right to vote, serve on a jury, and hold public office) and/or restoring your firearms rights. For civil rights restoration, you generally must apply to the Governor of Virginia. The application process requires providing detailed information about your criminal history, employment history, and community involvement. An attorney can assist you in gathering the necessary documentation and presenting your case in the most favorable light to the Governor's office. For firearms rights restoration, the process generally involves petitioning the circuit court in the jurisdiction where you reside. This process is more clearly judicial. The court will consider various factors, including your criminal history, mental health history, and overall reputation in the community. An attorney can help you prepare your petition, gather evidence of your rehabilitation, and represent you in court. If your petition is denied, an attorney can advise you on your options for appeal. Because there can be multiple avenues and levels of restoration, an attorney is the best way to be successful.Navigating the legal system can be a bit of a maze, but hopefully, this guide has given you a clearer path to getting your rights restored in Virginia. Thanks for taking the time to read through it! We wish you the best of luck in your journey, and we hope you'll come back and visit us again soon if you have any other questions or need further assistance.