Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 11. Juries » Article 2. Jurors
Virginia Code

Va. Code Ann. § 8.01-338 (2026)

Who disqualified

✓ current as of May 2026
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The following persons shall be disqualified from serving as jurors:

1. Persons adjudicated incapacitated;

2. Persons convicted of treason or a felony; or

3. Any other person under a disability as defined in § 8.01-2 and not included in subdivisions 1 or 2 above.

Code 1950, § 8-208.3; 1973, c. 439; 1977, c. 617; 1997, c. 801.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1983–2023 · leading case: Mighty v. Commonwealth, 438 S.E.2d 495 (Va. Ct. App. 1993).
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Mighty v. Commonwealth, 438 S.E.2d 495 (Va. Ct. App. 1993). · cites it 4× “*497 The trial court held that under Code § 8.01-338, 1 a convicted felon is within one of three categories of persons disqualified from serving on a jury because of certain disabilities.”
Shaquawn Demonte Warren v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 12× “This raised the question of whether Fields was qualified to serve as a juror under Code § 8.01-338. The VCIN did not indicate that Fields’s rights had been restored, and the Commonwealth stated that typically the VCIN does indicate if one’s rights are restored.”
Holt v. Virginia, 567 F. Supp. 210 (W.D. Va. 1983). · cites it 3× “In Virginia, a convicted felon cannot (1) serve as a juror (Va.Code § 8.01-338); (2) possess a firearm (Va.”
Commonwealth v. Broce, 92 Va. Cir. 412 (Augusta Cir. Ct. 2016). · cites it 3× “The basis for a felon’s being ineligible to serve on a jury is Va. Code Ann. § 8.01-338 , which disqualifies “[pjersons convicted of treason or a felony.”
Thomas Edward Clark v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “” Code § 8.01-338. - 34 - the jury box, or in the drawing, summoning, returning or impaneling of jurors or in copying or signing or failing to sign the list” (emphasis added)).”
Corbin v. Commonwealth, 564 S.E.2d 147 (Va. Ct. App. 2002). “01-337 to serve as jurors and are not excluded or exempt by §§ 8.01-338 to 8.01-341 and 8.01-342. Such master jury list shall be used in selecting jurors.”
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