Can a Convicted Felon Vote in the United States?

If you live in the United States and are asking, “Can a convicted felon vote?”, the answer depends on where you live. There is no federal law that permanently bans convicted felons from voting. Instead, voting eligibility after a felony conviction is governed by state law, which means your right to vote, even in federal elections, may differ from one state to another.

Generally, voting rights are considered part of what the law describes as civil rights. State felony disenfranchisement laws determine whether those rights are temporarily taken away, how they may be restored, or whether they are restricted for certain offenses.  Some states restore voting rights automatically after you complete your sentence, while others require additional steps, such as completing parole or probation, paying court-ordered financial obligations, or applying for individual rights restoration. It is important to understand your state election law because eligibility in one state does not guarantee eligibility in another. 

Can Felons Vote in the United States? 

In the United States, there is no federal law that bans people with felony convictions from voting. Instead, voting eligibility is governed by states’ laws. This means that your right to vote depends entirely on where you live, sometimes the nature of the offense you were convicted of and what part of the sentence has been completed. 

Federal Rules vs. State Rules

The U.S. Constitution gives states the primary responsibility for running elections and setting voter eligibility requirements. While federal law plays an important role in protecting voting rights, such as prohibiting discrimination based on race or disability, it does not create a national law on whether people with felony convictions can vote. Even in federal elections, state voter eligibility laws apply because the states administer elections, maintain voter registration systems, and define who is eligible to vote within their borders.

What Does “Loss of Civil Rights” Mean?

When convicted of a felony, many states automatically impose felony disenfranchisement, which restricts certain civil rights like the right to vote, serve on a jury, or hold public office. This is referred to as the “loss of civil rights.” 

This designation is a legal status defined by state law, not a permanent condition tied to the conviction itself in most states. In many cases, civil rights, especially voting rights, may be restored once specific legal conditions are met.

Difference Between Voting While in Prison vs. After Release

In most states, convicted felons are not allowed to vote while they are incarcerated. However, once they are released from prison, many states restore voting rights either immediately or after parole or probation ends. By contrast, states like Maine, Vermont, and the District of Columbia allow convicted felons to vote even while in prison. 

How Felony Voting Laws Differ by State

If you have a felony conviction, voting laws may be confusing because they vary by state. Although details may vary, most states generally fall into one of the following categories based on when and if your voting rights are restored. Therefore, understanding which category your state falls into can help determine eligibility to vote or what steps are needed. 

1. States where felons never lose the right to vote: These states treat voting as a fundamental right that is not affected by a felony conviction. Therefore, you can vote before, during, and after incarceration. 
2. States where voting rights are restored after release:In these states, you lose your right to vote only while you are incarcerated. Your voting rights are automatically restored once you are released from prison, even if you are still on parole or probation.
3. States where rights are restored after completing a sentence, including prison parole and probation:These states restore voting rights only after you have completed all parts of the sentence, including incarceration, parole, and probation.For example, Iowa restores voting rights automatically after sentence completion by virtue of Executive Order 7 (2020), except for certain homicide-related crimes under the Iowa Code Chapter 707. Similarly, in Louisiana, voting rights are restored either when you complete your full sentence or five years after release from prison, whichever comes first. However, election-related offenses require full completion. In these states, you may need to wait until all supervision is complete before registering to vote.
4. States requiring a waiting period, fines/fees, individual rights restoration, or allowing permanent disenfranchisement: In some states, voting rights are not restored automatically, even after you complete the sentence. You may be required to take additional steps, such as:

• Wait a certain period of time
• Pay all outstanding fines, fees, or restitution, or
• Apply for clemency, a pardon, or individual rights restoration

For example, Florida restores voting rights for most offenses after sentence completion and payment of all legal financial obligations.  However, convictions for murder or a sexual offense can only be restored by the State Clemency Board. In Virginia, all felony convictions result in loss of voting rights unless they are restored by the Governor.

Additionally, in some states, certain convictions involving serious violent crimes or election-related offenses may result in permanent disenfranchisement. 

For example, in Alabama, your voting rights cannot be restored if you are convicted of treason, impeachment, or sentenced to death. In Maryland, convictions for buying or selling votes permanently remove voting rights unless restored by gubernatorial pardon. Under the New Hampshire Constitution (Part I, Article 11), convictions for treason, bribery, or willful violations of election laws result in loss of voting rights and can be restored only by the state Supreme Court.

The table below summarizes how states generally handle felony voting rights, making it easier to see where your state fits and what that means for you.

Please note that state laws change, and some rules depend on the specific offense. Therefore, if you are unsure of your voting eligibility, please contact your local election office. 

Can Felons Vote in Federal Elections?

A felony conviction does not automatically disqualify you from voting in federal elections. Your eligibility depends entirely on your state’s law. While federal law protects voting rights from discrimination and establishes basic safeguards, it does not create a national law for felony voting rights. This means if your state considers you eligible to vote, you may vote in all elections, including local, state, and federal elections.

How to Get Voting Rights Restored After a Felony Conviction

If you have had a felony conviction, there are general steps you may take to restore your voting rights. They include:

1. Determine state-specific eligibility:You should first review your state’s election law to determine the voting eligibility of people with felony convictions, and whether voting rights are restored automatically or require additional steps.You can start by reviewing the general guidance on Vote.gov for a general overview. However, you may contact your state election office or your Secretary of State’s website for the most up-to-date information.
2. Check if the sentence, parole, or probation is complete:Your state may require you to complete some or all parts of your sentence, including prison time, parole, and probation, before you can begin the restoration process. For example, in states such as Nebraska, your voting rights are restored only after you have completed all parts of your sentence, including parole or probation. If you are unsure whether your sentence is complete, check with your parole or probation officer, or court clerk.
3. Ensure fines, restitution, or fees are resolved (in states that require it):Some states require you to pay all outstanding court financial obligations before your rights are restored. For example, in Florida, voting rights for convictions not involving murder or sexual offenses are restored only after you complete your sentence and satisfy all fines, fees, restitution, or other financial obligations tied to your case
4. Apply for automatic restoration (if applicable):In many states, once you have fulfilled all the eligibility conditions (e.g., released from incarceration, and in some states, after probation/parole), your right to vote is restored automatically. For instance, in California, your voting rights are automatically restored once you finish your jail sentence, and you can register to vote even if you are on parole. If your state has automatic restoration, you generally do not need to file an application. You only need to confirm that you meet the criteria and proceed to voter registration. However, it is important to always check your state election office website for the definition of “completed sentence.”
5. Petition the court or apply to the governor (for states requiring individual review):If your state requires individual review, you may follow the state’s application or petition process. This may include:

• Applying to a court
• Petitioning the governor or the clemency board
• Filing an individual rights restoration request.
  For example, in Tennessee, you must file a petition with a court showing you have completed your sentence, paid all restitution or costs, and have met other legal conditions before a judge can restore your rights. You can check with your state’s election office or the governor’s office website for more information on the required process and documentation.

    6. Re-register to vote:Once your voting rights are restored, either automatically or through an application process, you must register to vote before you can cast a ballot. Registration is controlled by each state, and many states allow you to register online, by mail, or in person. If you were previously registered before your conviction, in some states, you may need to update or re-register information to confirm eligibility.

FAQs

Can a Felon Vote After Being Released from Prison?

It depends on the state. In many states, voting rights are automatically restored once you are released from prison. In others, you may be required to complete parole and probation or take additional steps before you can vote. Be sure to check your state’s election office to confirm eligibility.

Can Felons Vote While on Probation or Parole?

Yes,however, it depends on your state’s voting law. Several states allow you to vote while on parole or probation, as long as you are not incarcerated. Other states require you to finish all parts of your sentence before voting rights can be restored.

Do Unpaid Fines or Restitution Affect Voting Rights?

In certain states, yes. Some states require you to pay all fines, fees, or restitution before your voting rights are restored. Even if you have completed prison, parole, and probation, unpaid financial obligations can prevent you from voting where this rule applies.

Can Someone With a Federal Felony Vote?

Yes, but state law still governs your voting eligibility. There is no separate federal rule for voting after a federal felony conviction. If your state restores your voting rights, you can vote in all elections, including federal elections, regardless of whether your conviction was federal or state.

Is Voting While Ineligible a Crime?

In many states, voting while you are not legally eligible may lead to criminal penalties. Thus, it is important to confirm your eligibility with your state or local election office before registering or casting a ballot.

How Can I Check If My Voting Rights Have Been Restored?

To confirm if your voting rights have been restored, you may contact your state or local election office or check your state election website. They can tell you whether your rights have been restored and whether your voter registration is valid.

Can Felons Participate in Jury Duty After Their Rights are Restored? 

It depends on your state. In many states, restoring your voting rights does not automatically restore your eligibility for jury duty. Jury service is often treated as a separate civil right, and some states require additional steps, such as full restoration of civil rights or a pardon, before you can serve.

In other states, once your civil rights are restored (including the right to vote), you may be eligible for jury duty again. Federal jury eligibility often depends on whether your civil rights have been restored under your state’s law.

If you receive a jury summons and are unsure about your eligibility, you may contact your local court or jury administration office. They confirm whether you are eligible to serve or whether you should request an exemption.