Restoring Civil Rights After a Felony in West Virginia
How West Virginia law treats restoring rights after a felony, from the state code and official state agencies.
Short answer: Voting returns automatically when the felony sentence, including incarceration, probation and parole, is complete. W. Va. Code §§ 3-2-2(b), 52-1-8(b)(5)-(6), 61-7-7(b), (f), (g); W. Va. Const. art. VII, § 11; art. IV, § 4
| Restoring rights after a felony | Voting returns automatically when the felony sentence, including incarceration, probation and parole, is complete. Jury service: a person convicted of perjury, false swearing or any crime punishable by more than one year in prison is disqualified, unless the conviction was expunged or set aside or the person later receives an unconditional pardon. Firearms: most people barred by a conviction may petition the circuit court of their county, which may restore the ability to possess a firearm on clear and convincing evidence that the person is competent and capable, if federal law allows; that petition is not available to people convicted of a felony crime of violence, a felony sexual offense, or certain felony drug offenses, and an expunged, set-aside or unconditionally pardoned conviction no longer bars possession. The Governor may grant reprieves and pardons after conviction. Holding public office requires being a citizen entitled to vote. Also: https://code.wvlegislature.gov/3-2-2/ ; https://code.wvlegislature.gov/52-1-8/ ; constitution https://www.wvlegislature.gov/WVCODE/WV_CON.cfm |
|---|
More West Virginia criminal law
- Felony Theft Amount and Penalties in West Virginia
- Self-Defense Laws in West Virginia
- Criminal Statutes of Limitations in West Virginia
- Bail, Pretrial Release and Public Defenders in West Virginia
- Assault Laws in West Virginia
- Battery Laws in West Virginia
- Domestic Violence Charges in West Virginia
- Shoplifting and Petty Theft in West Virginia
- Burglary and Robbery in West Virginia
- Vandalism Laws in West Virginia
- Trespassing Laws in West Virginia
- Drug Possession Laws in West Virginia
- Hit and Run Laws in West Virginia
- Reckless Driving in West Virginia
- Harassment and Stalking Laws in West Virginia
- Resisting Arrest in West Virginia
- Missing a Court Date in West Virginia
- Probation Violations in West Virginia
- Obstruction of Justice in West Virginia
- Perjury Laws in West Virginia
- Public Intoxication in West Virginia
- Disorderly Conduct in West Virginia
- Indecent Exposure in West Virginia
- Prostitution and Solicitation Laws in West Virginia
- Gambling Laws in West Virginia
- Embezzlement Laws in West Virginia
- Fraud and Identity Theft in West Virginia
- Forgery Laws in West Virginia
- Blackmail and Extortion Laws in West Virginia
- Murder Laws in West Virginia
- Manslaughter Laws in West Virginia
- Child Endangerment Laws in West Virginia
- Arson Laws in West Virginia
- Animal Cruelty Laws in West Virginia
- Revenge Porn Laws in West Virginia
- Cyberbullying Laws in West Virginia
- Sexting Laws in West Virginia
- Money Laundering Laws in West Virginia
- Human Trafficking Laws in West Virginia
- Jaywalking Laws in West Virginia
- Open Container Law in West Virginia
- Underage Drinking and Fake ID Laws in West Virginia
- Driving on a Suspended License in West Virginia
- Driving Without a License in West Virginia
- Knife Laws in West Virginia
- Fireworks Laws in West Virginia
- Kidnapping Laws in West Virginia
- Criminal Threats Laws in West Virginia
- Car Theft Laws in West Virginia
- Receiving Stolen Property in West Virginia
- Organized Retail Theft in West Virginia
- Drug Trafficking Laws in West Virginia
- Prescription Fraud Laws in West Virginia
- Vehicular Assault Laws in West Virginia
- Street Racing Laws in West Virginia
- Boating Under the Influence in West Virginia
- Insurance Fraud Laws in West Virginia
- Welfare and Unemployment Fraud in West Virginia
- Bribery Laws in West Virginia
- State Tax Evasion in West Virginia
- Sexual Assault Laws in West Virginia
- Child Sexual Abuse Laws in West Virginia
- Child Sexual Abuse Material Laws in West Virginia
- Online Solicitation of a Minor in West Virginia
- Sex Offender Registration in West Virginia
- Felon in Possession of a Firearm in West Virginia
- Computer Crime Laws in West Virginia
- Recording Laws in West Virginia
- False Police Report Laws in West Virginia
- Hate Crime Laws in West Virginia
- Parole Violations in West Virginia
- Violating a Protective Order in West Virginia
- Juveniles Tried as Adults in West Virginia
- The Death Penalty in West Virginia
- Voting Rights After a Felony in West Virginia
- Three Strikes and Habitual Offender Laws in West Virginia
- Delta-8 and Hemp THC Laws in West Virginia
- Psilocybin Laws in West Virginia
- Kratom Laws in West Virginia
- CBD Laws in West Virginia
- Tobacco and Vaping Laws in West Virginia
- Elder Abuse Laws in West Virginia
- Voyeurism Laws in West Virginia
- Assault on a Police Officer in West Virginia
- All West Virginia criminal law rules
FAQ
How do you restore your rights after a felony in West Virginia?
Voting returns automatically when the felony sentence, including incarceration, probation and parole, is complete. Jury service: a person convicted of perjury, false swearing or any crime punishable by more than one year in prison is disqualified, unless the conviction was expunged or set aside or the person later receives an unconditional pardon. Firearms: most people barred by a conviction may petition the circuit court of their county, which may restore the ability to possess a firearm on clear and convincing evidence that the person is competent and capable, if federal law allows; that petition is not available to people convicted of a felony crime of violence, a felony sexual offense, or certain felony drug offenses, and an expunged, set-aside or unconditionally pardoned conviction no longer bars possession. The Governor may grant reprieves and pardons after conviction. Holding public office requires being a citizen entitled to vote.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.