If you or someone you love has a conviction in Virginia and is looking for a pardon, this guide is written for you. Virginia has three types of pardons available, each for a different purpose and with different eligibility requirements. The most commonly pursued is the simple pardon, which requires the civil rights to be restored first if there is a felony on the record, and then a five-year waiting period after all court conditions are complete. A simple pardon adds a notation of forgiveness to the record but does not expunge the conviction. Only an absolute pardon, which is reserved for cases of actual innocence after all other remedies have been exhausted, allows a court to expunge the record. I have been through the system myself, and most of the fear comes from not knowing how the process works. So let me walk you through it in plain language. None of this is legal advice, and every case is different, so treat this as a map and lean on a lawyer for the turns.
Who decides: the Governor and the Secretary of the Commonwealth
Pardon authority is vested in the Governor under Article V, Section 12 of the Virginia Constitution and Virginia Code Section 53.1-229. The Governor alone grants pardons; there is no board or advisory body with independent pardon authority in Virginia. Pardon petitions are processed by the Office of the Secretary of the Commonwealth, which manages the intake, investigation, and recommendation process. The legislature has authorized the Parole Board, at the Governor's request, to investigate pardon cases and make recommendations, but this does not limit the Governor's ultimate authority to grant or deny regardless of any recommendation.
There is no hearing, meeting, or conference with the petitioner at any point in the process. The entire review is conducted on the basis of the written petition and the materials gathered during the investigation. The Governor reports annually to the Virginia General Assembly on all clemency actions taken during the year.
The three types of pardons in Virginia
Virginia offers three distinct types of pardons, each designed for different circumstances.
A simple pardon is a statement of official forgiveness from the Governor on behalf of the Commonwealth. It acknowledges that the person has demonstrated rehabilitation and exceptional circumstances that warrant forgiveness. A simple pardon adds a notation to the criminal record showing the pardon; it does not remove the conviction from the record and does not constitute expungement. A simple pardon does not restore the right to possess a firearm; that requires a separate petition to the appropriate circuit court under Virginia Code Section 18.2-308.2. Despite its limitations, a simple pardon is a meaningful official statement that can help with employment, professional licensing, and other situations where demonstrating rehabilitation and official forgiveness matters.
A conditional pardon modifies or ends a sentence imposed by the court. Conditional pardons are rare; the Governor does not typically substitute executive judgment for the court's sentencing decision, and the approval rate historically is very low. Conditional pardons are available only to currently incarcerated individuals. If the person is eligible for any type of parole consideration, they are not eligible for a conditional pardon. Three specific subtypes exist within conditional pardons: the standard conditional pardon for sentence modification; the medical conditional pardon for terminally ill individuals with a life expectancy of three months or less, which is handled on an expedited basis given the time constraints; and the immigration or partial pardon for individuals facing deportation within 30 days or less, also handled on an expedited basis.
An absolute pardon is the highest form of clemency in Virginia and is reserved exclusively for cases of actual innocence. It is a remedy of last resort for those who were wrongfully convicted. An absolute pardon is the only type of pardon in Virginia that enables the petitioner to subsequently petition a circuit court to expunge the criminal record. The eligibility requirements for an absolute pardon are strict and narrow: the person must have pled not guilty throughout the entire judicial process, and must have exhausted all forms of judicial appeals and other remedies, including filing a Writ of Actual Innocence. Absolute pardons are rarely granted because of the very high burden of proving actual innocence to the Governor's satisfaction and the substantial deference the system gives to prior court convictions.
Restoration of civil rights: a required first step for simple pardons
For people with a felony conviction seeking a simple pardon, restoration of civil rights is a required prerequisite that must be completed before the pardon petition can be submitted. Civil rights lost as a result of a felony conviction in Virginia, including the right to vote and the right to serve on a jury, can only be regained by action of the Governor under the constitutional pardon power. A person may apply for Restoration of Rights upon release from incarceration, without having to wait for the five-year simple pardon waiting period.
Applications for restoration of rights are made to the Office of the Secretary of the Commonwealth, which is the same office that handles pardon petitions. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases; the process for restoration is separate from the pardon process even though they go through the same office. Restoration of rights and the pardon are sequential steps, not parallel ones. The restoration of rights must be completed first; then, after completing all court conditions and the five-year waiting period, the simple pardon petition can be filed.
Eligibility for a simple pardon
To be eligible to petition for a simple pardon, the applicant must:
First, have civil rights restored if there is any felony on the record.
Second, be free of all conditions set by the court, including any probation period, suspended time, or good time behavior, on all convictions. This means all court conditions on all convictions, not just the one for which the pardon is sought, must be fully completed.
Third, have completed the five-year waiting period after being free of all court conditions.
Additionally, the applicant must be able to provide substantial evidence of exceptional circumstances and demonstrated rehabilitation. The Virginia Secretary of the Commonwealth's website describes the pardon as providing "unique relief to individuals with exceptional circumstances who have demonstrated rehabilitation." This standard is higher than simple rehabilitation; it requires that the applicant demonstrate both compelling circumstances and an exceptional record of rehabilitation since the conviction.
If the applicant is currently eligible for parole or has an avenue in court to argue innocence and obtain relief, those avenues must be exhausted first before applying for a pardon. A pardon is not a substitute for remedies still available through the courts or parole system.
The application process
Step one: apply for restoration of civil rights (if applicable). If there is any felony on the record, apply for Restoration of Rights first through the Secretary of the Commonwealth's office at commonwealth.virginia.gov. A person may apply for Restoration of Rights upon release from incarceration. The Secretary of the Commonwealth alone makes the recommendation in restoration of rights cases. Restoration of rights and the pardon are separate processes that must be completed in sequence.
Step two: complete the five-year waiting period. After being released from all court conditions on all convictions (including probation, suspended time, and good time behavior), the five-year waiting period must elapse before a simple pardon petition can be submitted. This five-year period applies to all convictions, not just the conviction for which the pardon is sought.
Step three: submit the pardon petition. Submit the pardon petition online at commonwealth.virginia.gov/judicial-system/pardons/ or mail a hard copy petition with the required pardon questionnaire form to the Secretary of the Commonwealth's office. No attorney is required to submit a petition, though an attorney familiar with the process can help ensure the petition presents the strongest possible case.
Step four: investigation. The Secretary of the Commonwealth's office reviews the petition. If the case warrants further investigation, the Virginia Board of Parole may conduct an investigation and issue a recommendation to the Governor. The petitioner is not involved in this investigation; there is no hearing, meeting, or conference at any stage of the process. Letters of support can be submitted through the Secretary's website. The Governor reports annually to the Virginia General Assembly on all pardons, commutations, reprieves, and other forms of executive clemency, including the reasons for each grant.
Step five: Governor's decision. The Governor reviews the information and decides. The investigation process may take two years or longer. There is no reliable method of predicting how long the process will take. If denied, there is no right of appeal. Retain copies of all documents submitted because the office cannot copy or return submitted documents.
What a pardon does in Virginia
A simple pardon adds a notation to the criminal record indicating the person has been pardoned. It does not remove the conviction from the record, and it is not an expungement; the conviction remains visible on background checks but is noted as pardoned. A pardon provides meaningful relief in many employment, licensing, and professional contexts by demonstrating official forgiveness from the Governor, and many employers and licensing boards treat a pardoned conviction differently from an unaddressed one. A simple pardon does not restore firearms rights; a separate petition to the appropriate circuit court under Virginia Code Section 18.2-308.2 is required for firearms restoration.
An absolute pardon, unlike a simple pardon, enables the petitioner to subsequently file a petition with a circuit court to expunge the conviction from the record. This is the most complete form of relief Virginia offers through the clemency process.
Virginia's expungement law has historically been limited. The Clean Slate Law was originally passed in 2021 with a planned effective date of July 1, 2025, but the Virginia legislature extended the effective date to July 1, 2026 during the 2025 legislative session. The pardon and expungement remain legally separate processes in Virginia; a pardon does not automatically trigger expungement except in the case of the absolute pardon's eligibility for the separate expungement petition.
A note on federal convictions
If the conviction is a federal conviction, the Governor of Virginia cannot help. Federal clemency is granted by the President of the United States, and applications go through the Office of the Pardon Attorney within the United States Department of Justice.
Where this leaves you
Virginia's pardon system has three distinct tracks: the simple pardon for demonstrated rehabilitation with exceptional circumstances, the conditional pardon (rare) for sentence modification for currently incarcerated individuals, and the absolute pardon for actual innocence cases where all other remedies have been exhausted. For most applicants, the simple pardon is the appropriate type. The sequence is: restore civil rights first (if there is any felony on the record), complete all court conditions on all convictions, wait five years from when all conditions are complete, document the exceptional circumstances and demonstrated rehabilitation, and then submit the petition online or by mail through the Secretary of the Commonwealth's office at commonwealth.virginia.gov/judicial-system/pardons/. The investigation can take two years or longer with no set deadline, there is no hearing or conference with the petitioner at any stage, and denial is final with no right of appeal. Retain copies of all submitted documents since the office cannot return them. For firearms restoration after a simple pardon, file a separate petition with the appropriate circuit court under Virginia Code Section 18.2-308.2.