Regaining the Right To Vote Following a Criminal Conviction

Voting is one of the most cherished rights in American life. However, many states have laws that remove a person’s voting rights after a criminal conviction.

If you are among millions of Americans trying to restore your right to vote after a conviction, you probably have questions. This article answers many of them. However, laws on voting after a sentence are complicated and change constantly. If you’ve been convicted of a crime, it is best to talk to a civil rights attorney near you to gain clarity and understanding. 

I Have a Criminal Conviction. Can I Vote? 

It depends on your state. 

In America, the U.S. Constitution and federal laws set the rules for voting. However, if they follow these basic federal guidelines, states can make rules about voters’ qualifications. This means states can decide whether people convicted of felony offenses and other crimes should lose their right to vote. So, whether you can vote after a criminal conviction depends on the law in your state. 

Although it may seem unfair to let states take away such an important right, the Supreme Court has held that such laws do not violate the Constitution. These laws, often called “felony disenfranchisement laws,” exist in 48 states. 

Which Crimes Lead to a Loss of Voting Rights?

State laws vary widely on this subject, so there is no one answer. However, there are some general guidelines. 

• Misdemeanors vs. felonies: A felony conviction is far more likely to lead to a loss of voting rights than a misdemeanor. 
• Federal and out-of-state convictions: States take different approaches to whether convictions under federal law or the laws of other states should affect voting rights. Some states restrict voting rights for these offenses; others do not. Still others look at the similarity between the “foreign” crime and the state’s criminal law. 
• Specific crimes: Some states restrict voting rights for people convicted of certain crimes. These lists can include serious crimes like homicides and sexual offenses or trivial ones like passing bad checks.

How Long Will I Lose My Right to Vote After a Felony Conviction?

States take a variety of approaches to this issue. Here are the most common: 

• The state does not restrict voting rights, even during incarceration. 
• The state limits voting rights while a person is in jail but automatically restores them when the person is released. 
• The state removes voting rights while a person is serving any sentence (jail, probation, or parole) but automatically restores them once the sentence (and possibly any financial obligations such as fines or restitution) is complete. 
• The state denies voting rights during any sentence and does not automatically restore them. After the completion of their sentence, the affected person must request the restoration of their voting rights. This request may be denied. Note that in some states, like Tennessee, a conviction for a crime related to voting, such as voter fraud, may lead to a permanent voting ban.

See where each state currently fits into this framework in the lists below: 

No Restrictions on Voting Rights

In these states, incarcerated people never lose their voting rights. As such, they don’t need to do anything to restore them:

• Maine
• Vermont
• Washington, D.C.

Restricted During Incarceration

In this category, voting rights are restored upon release.

Once your sentence ends, the state will notify the local voter registration authority that your prison sentence is over and that you are now eligible to vote. However, “automatic” only refers to the eligibility notification. You’ll still need to register to vote, and you won’t be able to cast a ballot until you do:

• California
• Colorado
• Connecticut
• Hawaii
• Illinois
• Indiana
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Montana
• Nevada
• New Hampshire
• New Jersey
• New York
• New Mexico
• North Dakota
• Ohio
• Oregon
• Pennsylvania
• Rhode Island
• Utah
• Washington

Restricted During Any Sentence (Automatic Restoration)

Here, your voting rights are restored upon meeting the conditions of your sentence.

First, you’ll need to apply to have your voting rights restored. These applications usually go to the governor, the board of parole, a court, or the Department of Corrections. In some states, nearly all applications that meet the requirements are granted, but others deny applications for various reasons:

• Alaska
• Arkansas
• Georgia
• Idaho
• Kansas
• Louisiana
• Missouri
• Nebraska
• North Carolina
• Oklahoma
• South Carolina
• South Dakota
• Texas
• West Virginia
• Wisconsin

Restricted During Any Sentence (Automatic Restoration)

Here, the court can conditionally restore your rights after the requirements of your sentence have been met. Once your application is granted, you’ll get a certificate of restoration. That certificate allows you to register to vote:

• Alabama
• Arizona
• Delaware
• Florida
• Iowa
• Kentucky
• Mississippi
• Tennessee
• Virginia
• Wyoming

How Do I Know If My Voting Rights Have Been Restored?

In conditional restoration states, your rights are not restored until you receive a certificate that says you can vote. But it can take months to get a final decision, so you’ll need to keep up with any developments. Many states that use this method have offices that will guide you through the process.

Remember, you’ll still need to register to vote after you get your certificate.

Do You Need Help Restoring Your Voting Rights After a Conviction? 

If you’ve lost your right to vote as a result of a criminal conviction, don’t lose hope. Every state provides a pathway for you to regain your voting rights. If you need help restoring your voting rights, find a civil rights attorney near you.