Second Amendment Rights For Felons In Virginia
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Virginia law does not currently allow for expungement of convictions or deferred dispositions; whereas, a sizeable number of states authorize such actions: • 41 states allow misdemeanor convictions to be expunged or sealed; and, • 36 states allow felony convictions to be expunged or sealed.
In order to seal your Virginia record, there is a ten year waiting period for felonies and seven year waiting period for misdemeanors before they are eligible to be sealed. During that time, there can be no new criminal convictions.
Anyone convicted of a felony in Virginia automatically loses their civil rights - the right to vote, serve on a jury, run for office, become a notary public and carry a firearm. The Constitution of Virginia gives the Governor the sole discretion to restore civil rights, not including firearm rights.
Beginning July 1, 2026, Virginia background checks will forever be different. Virginia's new record sealing laws go into effect on July 1, 2025 July 1, 2026, and give people the ability to seal qualifying criminal convictions and remove them from background checks run by employers.
Under Virginia Code §18.2-308.2, it is a felony for any individual who has been convicted of a felony to possess a firearm. However, Virginia law provides certain mechanisms by which convicted felons may have their gun rights restored.
Anyone convicted of a felony in Virginia automatically loses their civil rights - the right to vote, serve on a jury, run for office, become a notary public and carry a firearm. The Constitution of Virginia gives the Governor the sole discretion to restore civil rights, not including firearm rights.
If you were convicted in Virginia Circuit Court, you must petition the circuit court in the jurisdiction where you reside to regain state firearms privileges. For out-of-state or federal felony convictions, you must petition the court of conviction to regain firearm privileges.
