Andrew G. Wiggin, P.C.
Restoration of Civil Right for
Eligibility To Register To Vote
Virginia Code Section 53.1-231.2 permits a person who has been convicted of a
non-violent felony to apply to a circuit court for the restoration of their civil
rights to be eligible to register to vote, if certain criteria have been met.
Essentially, at least five years must have elapsed since the end of their felony
proceedings, they can have no new criminal convictions, and they must show
that they have "demonstrated civic responsibility through community or
comparable service."
The Constitutionality of this statute has been upheld by the Supreme Court of
Virginia, because the statute does not subvert the Governor's exclusive power
to restore voting rights. Essentially, this statute provides an objective
screening process for the Governor to decide whether to restore someone's civil
rights to be eligible to register to vote.
After obtaining this certification from the circuit court, additional proceedings
must be pursued. Most of the subsequent proceedings are processed by
Virginia's Secretary of the Commonwealth, prior to the Governor's actual
consideration of the request for restoration of these certain rights.
Persons convicted of a Virginia violent felony may also apply to the Governor
for restoration of these civil rights. That process is more restrictive and more
difficult to attain, being at the Governor's sole discretion and not Legislatively
endorsed by a similar statutory provision.
None of these proceedings can result in restoration of the right to possess a
firearm.
Eligible persons are encouraged to contact Andrew Wiggin to retain him to
handle this process of restoration.
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Disclaimer: The information provided on this website is not legal advice. Accessing the information on
this website does not establish an attorney/client relationship. No attorney may ethically promise a
certain litigation outcome based on a future decision by a court. Persons interested in retaining the legal
services of Andrew G. Wiggin, P.C. should contact the Firm. Potential clients or interested persons
may contact the Firm to discuss retaining Andrew G. Wiggin for post-trial litigation. Andrew G.
Wiggin does not serve as counsel of record in federal courts, nor give legal advice on representation in
federal litigation, although referrals can be provided.
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Copyright 2007 by Andrew G. Wiggin, P.C. All rights reserved.