If you or someone you love has a conviction in West Virginia and is looking for a pardon, this guide is written for you. West Virginia's pardon is primarily designed for people who are currently incarcerated, on parole, or on probation, though it is also available after a sentence is fully served. The eligibility standard is high: generally the applicant must have contributed extraordinary service to the penal institution, exhibited extraordinary motivation toward rehabilitation, or be suffering an extreme life-threatening medical condition certified by medical staff. The Governor holds all clemency authority and has absolute discretion; the Parole Board makes informed recommendations but the Governor is not bound by them. There are also specific timing rules that apply to when an application can be filed, including a restriction on filing within 90 days of natural discharge and a limit of one application per parole period. 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 Parole Board
Pardon authority is vested in the Governor under Article VII, Section 11 of the West Virginia Constitution. The Governor has the power to remit fines and penalties in cases prescribed by law, to commute capital punishment, and to grant pardons. The Governor alone makes the final decision; the power to grant executive clemency remains within the absolute discretion of the Governor, and there is no requirement that the Governor follow any recommendation.
The West Virginia Parole Board makes informed recommendations to the Governor in executive clemency cases. The Parole Board's role is advisory only; it does not have independent authority to grant or deny a pardon, and there is no provision for a formal public hearing before the Parole Board similar to what some other states in this series require. The Parole Board investigates the application, gathers relevant information, and formulates a recommendation, but the Governor decides independently.
Who is eligible: the extraordinary circumstances standard
West Virginia's pardon is primarily available to individuals who are currently incarcerated in a state, regional, or county detention facility, or who are currently on parole or probation. It is also available to individuals after the sentence has been fully served, though the pardon process is most commonly used while someone is still serving or on supervision. The Governor has authority to alter the sentence of a person who was convicted under state law during incarceration in a state, regional, or county detention facility, after being released on parole, or even after the sentence has been served completely. In most situations, however, the Governor will not consider a request until the applicant is actually serving or on supervision, and the extraordinary circumstances standard applies in all cases.
Generally, an inmate, parolee, or probationer must satisfy at least one of the following to be eligible to apply:
Extraordinary service: contributed extraordinary service to the penal institution. This means documented service that goes well beyond expected inmate conduct, such as exceptional work contributions that benefited the institution significantly, acts of significant merit recognized by institutional staff, or service contributions of a character that stands out from the general inmate population.
Extraordinary motivation: exhibited extraordinary motivation toward rehabilitation. This means a documented record of rehabilitation efforts that go beyond ordinary participation in programming, demonstrating a genuine and remarkable transformation since the conviction.
Extreme medical condition: suffering an extreme life-threatening medical condition that has been certified by prison medical staff. The condition must be certified in writing by prison medical personnel; the medical pardon is not simply for chronic illness but for conditions that present a genuine and imminent threat to life.
These standards are high and real. A routine rehabilitation record or general good behavior is not sufficient; the threshold is explicitly extraordinary. Applicants should gather specific documentation, letters from correctional officers, institutional supervisors, program staff, and others who can speak concretely and specifically to the extraordinary nature of the conduct or condition, not just to general good character.
The timing rules
West Virginia's pardon process has specific timing requirements that applicants must understand before filing.
For determinate and indeterminate sentences, an inmate is not eligible to apply for a pardon any sooner than the date on which they first become eligible for parole. This means that applicants who have not yet reached their parole eligibility date cannot file a standard pardon application. If not yet parole eligible, the application must include a separate letter explaining the current parole eligibility status and providing a clear explanation of the extraordinary circumstances that warrant early consideration before parole eligibility. The Governor's office alone determines whether those extraordinary circumstances justify early consideration; it is not a guarantee, and the threshold remains high.
The 90-day cutoff rule: no application for pardon will be accepted after the 90th day before the expected discharge of the sentence, including accumulated "good time" credit, the discharge of parole, or the discharge of probation. This rule prevents applicants from filing at the last minute when the natural end of the sentence is approaching. Applicants should plan to file well in advance of the 90-day cutoff window to allow adequate time for the application to be reviewed and a recommendation formulated before the cutoff closes the opportunity.
Parolees may apply only once for a pardon during the entire course of their parole. This is a strict one-application limit; there is no second chance during the parole period. If an inmate had a pardon application pending on the date of parole, that pending application counts as the one application allowed during parole, leaving no additional opportunity during parole supervision.
Parole violators are not eligible to apply for a pardon of the sentence on which parole was violated.
Reapplication after denial: any inmate or parolee denied a pardon by the Governor is not eligible to reapply until they have been placed on parole, or until three years have passed since the date of the last application denial, whichever occurs first. The three-year bar underscores the practical importance of submitting the strongest possible application on the first attempt rather than testing the process with an incomplete or premature submission.
The application process
The application must be completed in full, including responses of "does not apply" in every blank where the question is not applicable. Leaving blanks incomplete will result in an incomplete application. The applicant must note all concurrent or consecutive sentences separately on the application, not just the sentence for which the pardon is sought. The applicant must sign the release of information statement on the application, authorizing the West Virginia Division of Corrections and the West Virginia Board of Parole to access and release information regarding the applicant's medical condition, criminal history, treatment history, and plans. This release of information is a required component of the application and the application will not be processed without it. The applicant may initiate the application, or with the written consent of the applicant, any other person such as a family member or attorney may initiate the application on the applicant's behalf.
Applications are available by contacting the Governor's office. Submit completed applications to: Governor of West Virginia, West Virginia State Capitol, 1900 Kanawha Boulevard, East Charleston, WV 25305; telephone 1 (888) 438-2731. Applicants are notified of the Governor's response within eight weeks of application submission.
For inmates not yet parole eligible seeking early consideration: include a separate letter that explicitly states the current parole eligibility status, explains why the standard parole eligibility timeline does not apply to the situation, and provides detailed documentation and supporting evidence of the extraordinary circumstances that warrant the Governor's early consideration before parole eligibility.
What a pardon does in West Virginia
A full and unconditional pardon from the Governor enables the petitioner to apply to the circuit court in the county where the conviction occurred to have the record of the conviction expunged under West Virginia Code § 5-1-16A. The expungement essentially makes the court records relating to the conviction confidential. The petition for expungement must be served on the prosecuting attorney of the county where the petition is filed, and the petitioner must publish notice of the petition as a Class I legal advertisement in the county where the petition is filed. The expungement does not happen automatically upon receiving the pardon; it requires a separate court petition after the pardon is granted.
For firearms: an unconditional pardon restores the right to possess a firearm under West Virginia law. Under West Virginia statute and related 2026 legislation, a person who receives an unconditional pardon for a disqualifying offense is no longer prohibited from possessing a firearm by the provisions of the state statute. Federal firearms restrictions under 18 U.S.C. § 922(g) may apply separately and should be verified independently with a qualified attorney before attempting to purchase or possess a firearm.
For first-time nonviolent felony offenders specifically, the right to serve on a jury and the right to possess a firearm are automatically restored on completion of parole, probation, or absolute discharge from imprisonment, without needing a pardon. A pardon is most valuable for those with multiple convictions or violent offenses who do not qualify for this automatic restoration, or for those who specifically need the expungement opportunity that only a full and unconditional pardon can open under West Virginia law.
For voting, the right to vote is restored upon completion of sentence, including payment of fines and restitution, by application, for most felony convictions. For serious violent or sex offenses, voting rights can only be restored by a pardon from the Governor. The right to run for state office, serve on a jury, and possess a handgun for people with violent felony convictions or multiple felony convictions can only be restored by a pardon in West Virginia.
A note on federal convictions
If the conviction is a federal conviction, the Governor of West Virginia cannot help; the Governor's clemency authority extends only to convictions under West Virginia state law. 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
West Virginia's pardon is designed primarily for people actively serving their sentence or on supervision, with an eligibility standard of extraordinary service, extraordinary rehabilitation, or extreme medical condition. The timing rules are real gatekeepers: applications are not accepted within 90 days of natural discharge, and parolees get only one application during their entire parole period, so timing the application correctly is important. Complete the full application with no blank spaces, sign the release of information authorization, document all concurrent and consecutive sentences, attach any supporting documentation of the extraordinary circumstances, and submit to the Governor at 1900 Kanawha Boulevard, East Charleston, WV 25305, or call 1 (888) 438-2731. Expect a response within eight weeks. A full and unconditional pardon opens the door to expungement of the conviction record through a separate circuit court petition, which is one of the most valuable collateral benefits available through a pardon in this series. For those with violent or multiple felony convictions, a pardon may also be the only way to restore the right to vote, run for state office, serve on a jury, and possess a firearm under West Virginia law.