If you are searching for a petition to file for firearm or gun rights restoration in Virginia, Form DC‑4040 is for mental health cases—not felony convictions. Learn why it won’t work for you and how to file the correct petition under Virginia law.

If you’ve lost your firearm rights after a felony conviction and started searching online for a way to get them back, chances are you’ve come across Form DC‑4040. At first glance, it looks like exactly what you need—a “Petition to Restore Right to Purchase, Possess, or Transport a Firearm.”

But here’s the problem: Form DC‑4040 isn’t for people with prior felony convictions and is designed to be filed in the General District Court, not the Circuit Court.

It’s actually for individuals who lost their gun rights due to mental health-related issues, such as:

• Involuntary psychiatric admissions (TDOs or ECOs)
• Legal findings of incompetency
• Past mental health commitments

If your rights were taken because of a felony, using this form is a dead end—and worse, it could lead to court delays, unnecessary denials, or even make it harder to fix the issue later.

Clean Slate Virginia helps people avoid these common mistakes by drafting the correct petition, tailored to your unique case. Read on to learn why the DC-4040 is the wrong choice for most people and what the right path looks like if you’re trying to legally restore your gun rights in Virginia.

The Right Path: Circuit Court Petition Under §18.2‑308.2

For those with felony convictions, Virginia law requires a custom petition filed in circuit court under Virginia Code § 18.2‑308.2 This process involves:

• Drafting a detailed petition including your criminal history
• Providing supporting documents (sentencing orders, fingerprint cards, state police record)
• Serving the Commonwealth’s Attorney
• Potentially attending a hearing

There is no standardized or state form for this petition. Clean Slate Virginia drafts individual petitions tailored to your individual situation.

Real-Life Example: How We Helped

It still stands out in my mind the day I saw a former client walking down the courthouse steps looking frustrated and confused. I stopped him and asked what he was doing. He told me he had just filed a petition to restore his firearm rights and showed me the paperwork—Form DC‑4040.

Right away, I knew there was a problem.

That form is only meant for people who lost their gun rights due to a mental health-related issue like a temporary detention order (TDO) or involuntary admission—not for someone with a prior felony conviction, like him.

Once I explained the difference, he hired me to help. We withdrew the incorrect petition and filed the proper one under Virginia Code § 18.2‑308.2 in circuit court. The judge granted the petition and he now lawfully owns a firearm again—this time with everything done the right way.

It was a powerful reminder that even well-meaning people can get tripped up by confusing legal forms. That’s exactly why Clean Slate Virginia is here to help.

Why DIY Can Cost You More Than Money

• Time wasted and hearing delays: Filing DC‑4040 when you should file in circuit court often leads to rejection or lengthy delays.
• Missed documentation: Circuit court petitions require certain documents that Clean Slate Virginia can gather and file with your petition.
• Strategic advocacy: Advocacy with the Commonwealth’s Attorney and preparing for a hearing demands legal experience. One misstep can derail your petition. Clean Slate Virginia has the experience to successfully advocate for your second amendment rights.

How Clean Slate Virginia Makes It Seamless

• Custom petition drafting: No generic forms—we draft petitions under § 2‑308.2 and tailor them to your exact circumstances and local court rules.
• Full documentation & filing: Cean Slate Virginia will compile all required documents for filing.
• Effective representation: Clean Slate Virginia will handle service to the Commonwealth, motion filings, and are there at hearings—so you don’t face court alone.

Are You Filing the Wrong Form? Here’s What to Do Next

Is this you?

• You filed DC‑4040 but have a prior felony; or
• You’re wondering whether you need DC‑4040 or custom circuit‑court petition;

Reach out to Clean Slate Virginia. We’ll assess your situation and guide you to the right petition path.

Book a free consultation today and let us help you get back to owning a firearm legally and permanently with no surprises.

Next Steps with Clean Slate Virginia

• Free strategy session: We’ll review your history and verify if you’ve lost rights due to felony.
• Custom petition filing: Prepared, documented, and filed correctly under § 2‑308.2.
• Support through hearing: We’ll represent you fully, advocating effectively for your restored rights.

Don’t trust generic forms and DIY kits when your liberty and rights are on the line. At Clean Slate Virginia, we know Virginia’s statutes, forms, and courts—and we tailor every petition for you and your specific circumstances. Recover your firearm rights the right way, with guidance and confidence.

Contact Clean Slate Virginia today and let’s build your petition for a brighter, fully-restored future!