What is a simple pardon in Virginia?

A simple pardon is granted by the Governor and officially forgives a person for a criminal conviction. It does not expunge or remove the conviction from the criminal record, but a notation is made indicating that the offense has been forgiven.

How long do I have to wait before applying for a simple pardon?

An applicant must generally be free of all conditions imposed by the court for five years before petitioning for a simple pardon. This includes requirements such as probation, good behavior, restitution, and community service.

Do I need to restore my civil rights before applying for a pardon?

If the applicant has felony convictions, the guidance states that the applicant must first apply for and receive a Restoration of Civil Rights before petitioning for a simple pardon.

What is a conditional pardon?

A conditional pardon may be sought by an incarcerated individual who is requesting that the Governor commute or otherwise modify their sentence.

Will I have a hearing with the Governor?

The pardon process does not include a hearing, meeting, or conference with the petitioner or the petitioner's attorney. The petition is processed through the Secretary of the Commonwealth, and the Virginia Parole Board is usually asked to investigate and make recommendations.

How long does the pardon process take?

The investigation can take a year or two to complete. If a petition is denied, another petition cannot be filed for three years afterward.

Pardons & Clemency | Virginia and Federal

While a pardon does not erase a conviction from your criminal record, it can provide meaningful relief and may help restore certain rights and opportunities.

Our Pardon & Clemency Specialist can help you understand whether you qualify for a pardon or clemency and assist in preparing your petition in a way that centers your story.

A criminal conviction does not necessarily mark the end of your legal options. Depending on your circumstances, you may be eligible to seek relief through a federal pardon or clemency, or through one of the pardon options available in Virginia.

At the federal level, individuals with federal convictions may seek executive clemency through the Office of the Pardon Attorney, with the President making the final decision. For Virginia state convictions, individuals may seek a Simple Pardon, Conditional Pardon, or Absolute Pardon from the Governor of Virginia.

Our experienced pardon and clemency attorney works closely with each client to assemble a thorough petition that presents the facts of the case, demonstrates rehabilitation and personal growth, and tells your story in a compelling and authentic way.

Over the years, U.S. Presidents have pardoned tens of thousands of people from any number of criminal offenses. Presidents have broad discretion with who they decide to pardon. Under the Constitution, the President has the authority to pardon an individual for federal criminal offenses, including military courts. In most cases, an applicant must wait a five year period before they become eligible to apply for a presidential pardon. The five-year waiting period begins on the date of release from confinement. However, if the individual did not receive a prison sentence, then the date runs from the date of sentencing.

A strong pardon or clemency petition illustrates the petitioner’s remorse and accountability and demonstrates rehabilitation and good character. The petition requires disclosure of the arrest record, criminal charges, bankruptcy proceedings, delinquent credit obligations, and unpaid tax obligations. At least three character references are also required.

Pardon officials will conduct an in-depth investigation. After reviewing all the documentation, a recommendation may be forwarded to the president. The president has the ultimate authority as to whether to grant the pardon or not. There is no hearing nor is there an appeal option.

Working with our federal clemency attorney can avoid any mistakes and offer you the best chance at success. As dedicated defenders, it is our pleasure to zealously assist clients in this process, which we believe is under-utilized.

We are here to help clients understand whether they may qualify and prepare carefully crafted petitions designed to tell your story.

What is a simple pardon in Virginia?
A simple pardon is granted by the Governor and officially forgives a person for a criminal conviction. It does not expunge or remove the conviction from the criminal record, but a notation is made indicating that the offense has been forgiven.
How long do I have to wait before applying for a simple pardon?
An applicant must generally be free of all conditions imposed by the court for five years before petitioning for a simple pardon. This includes requirements such as probation, good behavior, restitution, and community service.
Do I need to restore my civil rights before applying for a pardon?
If the applicant has felony convictions, the guidance states that the applicant must first apply for and receive a Restoration of Civil Rights before petitioning for a simple pardon.
What is a conditional pardon?
A conditional pardon may be sought by an incarcerated individual who is requesting that the Governor commute or otherwise modify their sentence.
Will I have a hearing with the Governor?
The pardon process does not include a hearing, meeting, or conference with the petitioner or the petitioner's attorney. The petition is processed through the Secretary of the Commonwealth, and the Virginia Parole Board is usually asked to investigate and make recommendations.
How long does the pardon process take?
The investigation can take a year or two to complete. If a petition is denied, another petition cannot be filed for three years afterward.

Karen has been and continues to be excellent to work with. She is a strong advocate for her clients and is resourceful. She is professional in her communication but also compassionate in understanding what her clients are going through.

Her work doesn't end when everything is submitted, she continues to follow through on the case and stay in touch with her client to track progress. Her network of connections help move our process along and provided vital updates. It is a pleasure working with Karen.

I am incredibly grateful for the guidance and professionalism that Karen Gross provided throughout my pardon process. From our first conversation, she took the time to explain every step, answered all of my questions, and made what could have been an overwhelming experience much easier to navigate. Karen was knowledgeable, responsive, compassionate, and always kept me informed. Thanks to her dedication, expertise, and commitment to my case, I successfully received my pardon. I highly recommend Karen Gross to anyone seeking experienced, trustworthy, and caring legal representation. She truly made a life-changing difference for me.

Post-Conviction

Restoration of Rights