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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>64394</law_id><section_number>53.1-231.2</section_number><catch_line>Restoration of the civil right to be eligible to register to vote to certain persons</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="53.1">Prisons and Other Methods of Correction</unit><unit label="chapter" level="2" order_by="1" identifier="12.1">Restoration of Civil Rights</unit></structure><text>
						<section><p>This section shall apply to any person who is not a qualified voter because of a <span class="dictionary">felony</span> <span class="dictionary">conviction</span>, who seeks to have his right to register to vote restored and become eligible to register to vote, and who meets the conditions and requirements set out in this section.
		Any person, other than a person (i) convicted of a violent <span class="dictionary">felony</span> as defined in &#xA7;&#xA0;<a class="law" title="Sentence of person twice previously convicted of certain violent felonies" href="/19.2-297.1/">19.2-297.1</a> or in subsection C of &#xA7;&#xA0;<a class="law" title="Adoption of initial discretionary sentencing guideline midpoints" href="/17.1-805/">17.1-805</a> and any <span class="dictionary">crime</span> ancillary thereto; (ii) convicted of a <span class="dictionary">felony</span> pursuant to &#xA7;&#xA0;<a class="law" title="Home cultivation of marijuana for personal use; penalties" href="/4.1-1101/">4.1-1101</a>, <a class="law" title="Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties" href="/18.2-248/">18.2-248</a>, <a class="law" title="Transporting controlled substances into the Commonwealth; penalty" href="/18.2-248.01/">18.2-248.01</a>, <a class="law" title="Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana" href="/18.2-248.1/">18.2-248.1</a>, <a class="law" title="Distribution of certain drugs to persons under 18 prohibited; penalty" href="/18.2-255/">18.2-255</a>, <a class="law" title="Prohibiting the sale or manufacture of drugs on or near certain properties; penalty" href="/18.2-255.2/">18.2-255.2</a>, or <a class="law" title="Maintaining a fortified drug house; penalty" href="/18.2-258.02/">18.2-258.02</a>; or (iii) convicted of a <span class="dictionary">felony</span> pursuant to &#xA7;&#xA0;<a class="law" title="False statements; penalties" href="/24.2-1016/">24.2-1016</a>, may <span class="dictionary">petition</span> the <span class="dictionary">circuit</span> court of the county or city in which he was convicted of a <span class="dictionary">felony</span>, or the <span class="dictionary">circuit</span> court of the county or city in which he presently resides, for restoration of his civil right to be eligible to register to vote through the process set out in this section. On such <span class="dictionary">petition</span>, the court may approve the <span class="dictionary">petition</span> for restoration to the person of his right if the court is satisfied from the <span class="dictionary">evidence</span> presented that the petitioner has completed, five or more years previously, service of any sentence and any modification of sentence including <span class="dictionary">probation</span>, <span class="dictionary">parole</span>, and suspension of sentence; that the petitioner has demonstrated civic responsibility through community or comparable service; and that the petitioner has been free from criminal <span class="dictionary">convictions</span>, excluding traffic infractions, for the same period.
		If the court approves the <span class="dictionary">petition</span>, it shall so state in an order, provide a copy of the order to the petitioner, and transmit its order to the Secretary of the Commonwealth. The order shall state that the petitioner&#x2019;s right to be eligible to register to vote may be restored by the date that is 90 days after the date of the order, subject to the approval or denial of restoration of that right by the Governor. The Secretary of the Commonwealth shall transmit the order to the Governor who may grant or deny the <span class="dictionary">petition</span> for restoration of the right to be eligible to register to vote approved by the <span class="dictionary">court order</span>. The Secretary of the Commonwealth shall send, within 90 days of the date of the order, to the petitioner at the address stated on the court&#x2019;s order, a certificate of restoration of that right or notice that the Governor has denied the restoration of that right. The Governor&#x2019;s denial of a <span class="dictionary">petition</span> for the restoration of voting rights shall be a final decision and the petitioner shall have no right of <span class="dictionary">appeal</span>. The Secretary shall notify the court and the <span class="dictionary">State Board</span> of Elections in each case of the restoration of the right or denial of restoration by the Governor.
		On receipt of the certificate of restoration of the right to register to vote from the Secretary of the Commonwealth, the petitioner, who is otherwise a qualified voter, shall become eligible to register to vote.</p></section></text><history>2000, c. 969; 2003, c. 946; 2021, Sp. Sess. I, cc. 550, 551.</history><metadata></metadata></law>
