Conditional Pardons
A conditional pardon can only be granted by the Governor of Virginia, and the Governor has immense discretion to approve or deny petitions for conditional pardons. There is no deadline for when the Governor must make a decision on a conditional pardon petition, so there is no reliable way to predict how long the process will take. In the past, the Governor’s office has had very low approval rates for conditional pardon petitions, and has required “substantial evidence of extraordinary circumstances” before granting petitions. To increase the chances of success, pardon petitions should include as much evidence as possible of unusual circumstances showing the need for the Governor to act. Learn more in the FAQs below.
Frequently Asked Questions
What is a Conditional Pardon?
Virginia uses the term “conditional pardon” to refer to an action by the Governor to modify a sentence. Individuals granted a conditional pardon may have their active term of incarceration reduced and be given terms and conditions to follow. If those conditions are violated, the person can be re-incarcerated.
How long does it take to file a Conditional Pardon Petition?
It depends. Before a petition can be filed, an attorney must review documents from your loved one’s case. Some documents may be archived or otherwise difficult to locate. Once the documents are located, an attorney can analyze whether your loved one meets the criteria and provide advice about how to proceed.
How long does it take for the Governor’s Office to make a decision?
There is no time limit or timeline for how long it may take for the Governor to decide on whether to grant a conditional pardon. The attorney will notify your loved one any time they receive any updates or communications from the Governor’s Office.
Learn more and apply for a pardon
