How to Restore Voting Rights in Virginia

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posted on 9 years ago — updated on 1 second ago

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If you have been convicted of a felony, you had certain constitutional rights revoked. These include the right to vote, the right to hold public office, the right to serve on a jury, and more. Having your civil rights restored will allow you to vote, hold public office, serve on a jury, and serve as a notary public. After your civil rights are restored, you can petition for a pardon and/or the right to possess firearms.

Steps

Determining Your Eligibility

Read the laws. There are several requirements for having your rights restored in Virginia. You can have your rights restored if you meet the following conditions: You were convicted of a felony in a Virginia court or a US District Court. You have completed your prison sentence, including any probation or parole. You have no pending felony charges. You have no new felony convictions or pending criminal charges for the appropriate period.

Determine the method. Virginia offers two methods of restoring civil rights. Civil rights can be automatically restored for non-violent felons after you have completed your total sentence if you have no pending felony charges. Restoring civil rights for violent felons as well as crimes against children and election law offenses requires an application after you have completed your total sentence at least three years prior, and if you have not had any criminal charges for three years prior to your application.

Define violent felony. Violent felonies are listed but not defined in the criminal code. Though the word “violent” is used, not all crimes classified as violent felonies include the use of violence. They include: Burglary Child abuse Murder Assault Kidnapping Sexual battery Possession of unauthorized firearms

Requesting Automatic Restoration

Remember if you applied prior to 2014. For non-violent felonies, restoration of your civil rights is now automatic. Because of recent changes making more people eligible for automatic restoration, the process will be different depending on the time you became eligible. If you are currently serving your sentence, the Department of Corrections will submit your eligibility upon completion of your total sentence. If you applied after January 2014 and were denied because you had outstanding court costs or fees, the Secretary of the Commonwealth will automatically reopen and review your case. If you applied prior to January 2014 and were denied, you need to submit a request to the Secretary of the Commonwealth.

Submit a request online. To submit a request for an automatic restoration of civil rights complete and submit the contact form at: https://solutions.virginia.gov/RestorationOfRights. You will need to enter the following information: Your full name and address Your name at the time of the conviction Your Social Security number Your date of birth The court in which you were convicted Statements that you meet the criteria for automatic restoration of your civil rights.

Mail your request. To submit a request for an automatic restoration of civil rights by mail, complete the contact form. You will need to include the following information: Your identifying information The court in which you were convicted Statements that you meet the criteria to have your civil rights automatically restored Mail the completed form to: Secretary of the Commonwealth, Restoration of Rights Division, PO Box 2454, Richmond, VA 23218

Get a note on your criminal record. You can have a statement added to your criminal record. This statement will tell prospective employers and others who may review your criminal record that your civil rights have been restored. Obtain a set of fingerprints from your local law enforcement agency. Attach a copy of the document you received that restored your rights. Mail the fingerprint card and your documentation to Virginia State Police, Central Criminal Records Exchange (CCRE), PO Box 27472, Richmond, Virginia 23261-7472, ATTN: Criminal Records Manager - ROR

Applying for Restoration

Obtain your criminal history and other documents. You must be able to state the specific offense for which you were convicted, which must exactly match your criminal record. If you don’t know that information, you can order a copy of your criminal report. Contact the Virginia State Police Department at 804-674-2000 or navigate to http://www.vsp.state.va.us/. Obtain certified copies of all felony sentencing orders from the clerk of the court that sentenced you. Obtain a current letter from your most recent probation or parole officer about your period of supervision.

Complete the application for restoration of civil rights after a violent felony. You will need to include the following information: Your current name and mailing address Your name at the time of conviction Your date of birth Your Social Security number All details about each felony for which you were convicted. Mail your completed application to Restoration of Rights, Secretary of the Commonwealth, PO Box 2454, Richmond, VA 23218.

Have your criminal record amended. You can have a your criminal record amended to reflect the restoration of your rights. This will inform others who may review your criminal record that your civil rights have been restored. Obtain a set of fingerprints from your local law enforcement agency. Attach a copy of the document you received that restored your rights. Mail the fingerprint card and your documentation to Virginia State Police, Central Criminal Records Exchange (CCRE), PO Box 27472, Richmond, Virginia 23261-7472, ATTN: Criminal Records Manager – ROR

Registering to Vote

Obtain the Registration Application. Once your right to vote has been restored, you still need to register to vote. You can access the application from: The online portal at http://elections.virginia.gov/citizen-portal/index.html Your local voter registration office Download a PDF copy at https://www.elections.virginia.gov/media/formswarehouse/veris-voter-registration/applications/VA-NVRA-1-Voter-Registration-Application-rev-4_1-(1).pdf An office at which you apply or recertify for Aid to Dependent Children, food stamps, WIC, Medicaid, or government-provided Rehabilitation Services Government offices administering state-funded programs to assist disabled persons Armed forces recruitment offices Public libraries Virginia Department of Elections office Department of Motor Vehicles offices Anywhere a voter registration drive I being held.

Complete the application. You will need to complete the application by filling in the following information: Statements of eligibility Identifying information, including your name and Social Security number Your residence address and mailing address if different. Your signature Information about any prior voter registration

Submit or mail your application. If you are applying online, click “Submit” when you are finished. If you are completing a written application, mail or take it to your local voter registration office. Your registration must be postmarked or delivered to the appropriate office at least 22 days before the election in which you plan to vote. If you have not received your voter registration card within 30 days, contact the Virginia Department of Elections at 800-552-9745, 804-864-8901, or elections.virginia.gov.