How does a nonviolent felon restore gun rights in Virginia?

Answer 1

Some states will restore your firearm rights if you petition the court to have the crime expunged. Some will not. You will have to check your state laws. Unfortunately, if you are a convicted FEDERAL felon, you have no chance. For a generalized overview of this see below:

To request the expungement of an offense from your STATE (not Federal) criminal record: You must have been exonerated, acquited, or served the complete term of your sentence - then you must file a petition/motion with the court of the state in which you were convicted (which may not necessarily be your current state of residence) - setting forth valid reason(s) why your request should be granted. A judge of that court will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being viewable by the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record.

FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your expungement is granted you will still remain subject to whatever restrictions your state and Federal Laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). UNLESS - you are a resident of a state which completely or partially restores your "privileges" (you will have to do your own research to learn if these exceptions apply to your state).

FEDERALLY CONVICTED FELONS: CAUTION: If you were convicted in FEDERAL Court of a FEDERAL FELONY regardless of what your state may do, it will not matter. It is a felony offense for any federally convicted felon to ever own or possess a firearm (including black powder arms). The U.S. Criminal Code, makes the penalty for the illegal possession of a firearm (including black powder weapons) a mandatory minimum of fifteen (15) years in prison, in some cases (Title 18 U.S.C. sec 924(e)(1). At this time FEDERALLY convicted felons have no solution to their firearm disqualification. Congress has continually denied funds this purpose, thereby effectively eliminating the review of federal felons' petitions for restoration of their firearms privileges.

Answer 2

The first thing you must do is have the Governor restore your civil rights. He does not restore firearm rights (see last paragraph) For a nonviolent felon it is a one page application that you can find at the Secretary of the Commonwealths website. There is a waiting period after you have completed any sentence of the court and paid all fines and costs. The Secretarys website will explain all of the wait times too you. Include in your application a statement to the Governor about what you did and how you have changed. Although not required, it will show contrition and acceptance of responsibility on your part. The Governor may take up to 60 days to finalize your request after all items required for the application are received. The Secretarys office will send a request to the State Police and court where you were convicted for all documents needed. If you can provide them all, especially the sentencing report and evidence of fines and costs paid (certified copies) that will speed the process up.

After you receive the Governors restoration of your civil rights you then need to petition the Circuit Court of the jurisdiction in which you live to restore your right to possess and carry a firearm. Use a lawyer for that one as a motion needs to be brought before the court. The Governors petition you can do on your own.

This is all presuming your conviction was not for a federal crime but was for a state crime and you have not been convicted of domestic abuse (misdemeanor or otherwise).

Good luck.