The following persons shall be disqualified from serving as jurors:
§ 8.01-338.(For contingent expiration date, see Acts 2026, cc. 992 and 1081, cl. 3).
Chapter 11. Juries · Article 2. Jurors · Last amended 2026 · Last verified July 16, 2026
This section prints two full, separately-dated versions in the official Code (a pending-amendment straddle); both are shown below.
In one sentenceDisqualifies incapacitated persons and, under the currently effective version, anyone convicted of treason or a felony, along with anyone else under a legal disability defined in § 8.01-2, from Virginia jury service; a contingent 2026 amendment will narrow the second category so only a treason conviction, not a felony conviction alone, disqualifies.
Full Text of § 8.01-338
Va. Code § 8.01-338. (For contingent expiration date, see Acts 2026, cc. 992 and 1081, cl. 3).
1. Persons adjudicated incapacitated;
2. Persons convicted of treason or a felony; or
Va. Code § 8.01-338. (For contingent effective date, see Acts 2026, cc. 992 and 1081, cl. 3) .
The following persons shall be disqualified from serving as jurors:
1. Persons adjudicated incapacitated;
2. Persons convicted of treason; or
Plain-English Summary
This section lists who cannot serve on a Virginia jury at all, no matter how badly they might want to. Anyone judicially adjudicated incapacitated is out, and so is anyone under a disability as defined elsewhere in the Code who does not already fall under one of the other two categories.
The middle category is where the two versions of this section diverge. Under the version currently in force, a conviction for treason or a felony disqualifies a person from jury service. A contingent amendment tied to Acts 2026, cc. 992 and 1081, narrows that bar considerably: once its contingency triggers, only a treason conviction disqualifies someone, and a felony conviction by itself will no longer keep a person off a jury.
That change reflects a shift in how Virginia treats the collateral consequences of a felony record for civic participation. Until the amendment’s contingency is met, though, the broader current rule controls, and both versions leave the incapacitation and general-disability disqualifications untouched.
Frequently Asked Questions
Who is automatically disqualified from serving as a juror in Virginia?
Persons adjudicated incapacitated, and any other person under a disability as defined in § 8.01-2 who does not already fall under the incapacitation or treason/felony categories; under the version currently in force, a conviction of treason or a felony also disqualifies.
Does a felony conviction disqualify someone from jury service?
Under the version of this section currently in effect, yes. But a contingent version tied to Acts 2026, cc. 992 and 1081, will disqualify only a conviction of treason, dropping the felony-conviction bar.
What does “adjudicated incapacitated” mean for jury service purposes?
It refers to a person who has been judicially determined to be incapacitated; that determination disqualifies the person from jury service under both versions of this section.
What is the third category of disqualified persons under this section?
Any other person under a disability as defined in § 8.01-2 who is not already covered by the incapacitation or treason/felony provisions.
When does the amended, narrower version of this disqualification rule take effect?
It has a contingent effective date tied to Acts 2026, cc. 992 and 1081, cl. 3, meaning it applies only once the contingency specified in that legislation occurs.
Amendment History
(For contingent expiration date, see Acts 2026, cc. 992 and 1081, cl. 3).Code 1950, § 8-208.3; 1973, c. 439; 1977, c. 617; 1997, c. 801.
(For contingent effective date, see Acts 2026, cc. 992 and 1081, cl. 3) .Code 1950, § 8-208.3; 1973, c. 439; 1977, c. 617; 1997, c. 801; 2026, cc. 992, 1081.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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