Can a Convicted Felon Vote? State Rules, Restoration, and Pardons

Whether a convicted felon can vote depends on the state where they live. Three jurisdictions never take the right away, twenty-three restore it the moment a person leaves prison, fifteen restore it once the full sentence (including parole and probation) is finished, and about ten still require a pardon, a petition, or an extra waiting period before someone with a felony record can cast a ballot.¹

Where You Live Decides the Answer

There is no national rule. Each state sets its own policy, and the categories below cover every situation as of early 2026.¹

Maine, Vermont, and the District of Columbia never remove voting rights. People there can vote by absentee ballot even while serving a prison sentence.
Twenty-three states restore the right automatically on release from incarceration, whether or not the person is still on parole or probation.
Fifteen states restore the right only after the full sentence is complete, which can include supervised release and, in some states, payment of fines, fees, and restitution.
About ten states leave some or all felony convictions in indefinite disenfranchisement, lifted only through a governor’s pardon, a clemency petition, or a mandatory waiting period after the sentence ends.

States That Never Take the Right Away

If you live in Maine, Vermont, or Washington, D.C., a felony conviction does not affect your right to vote. You remain eligible during incarceration and vote by absentee ballot from the facility. Nothing else is required of you.

Automatic Restoration After Prison

In the twenty-three states that restore rights on release, no application, petition, or certificate is needed. The day you leave the correctional facility you are legally eligible to vote again, even if you are still reporting to a parole or probation officer. States in this category include California, Colorado, Illinois, Michigan, Minnesota, Nevada, New Jersey, New York, and Oregon, among others.¹

The one practical step is re-registering. Nearly every state cancels a person’s voter registration after a felony conviction, so eligibility and an active registration are not the same thing. More on that below.

Automatic Restoration After the Full Sentence

Fifteen states keep the clock running through parole and probation. If you are on supervised release in one of these states, you are still ineligible. The sentence has to be fully discharged first.

Some of these states also condition restoration on paying every court-ordered fine, fee, and restitution amount. When those balances run into the thousands, the financial requirement can delay restoration for years. Until the balance hits zero, the state treats the sentence as unfinished and voting rights stay suspended.

States That Require a Pardon or Petition

In roughly ten states, finishing your sentence is not enough. You have to apply individually, and the specifics depend on the state and sometimes on the offense. Common routes include a governor’s pardon, a petition to a clemency board, or an application to a court after an added waiting period.¹

Expect to gather certified court records, proof that the sentence has been fully served, and documentation that any financial obligations have been satisfied. The application goes to a Board of Pardons, a Secretary of State’s office, or a court, depending on the state. Some states hold an in-person hearing. Decisions can take months or years, and approval is not guaranteed. If your petition succeeds, keep the restoration certificate or letter permanently. You may need to show it when you register.

Crimes That Can Block Restoration

Even in states that restore rights automatically, certain convictions are carved out. The excluded categories vary by state but commonly include murder, sexual offenses, treason, election fraud, and bribery. For those offenses, some states require a gubernatorial pardon regardless of how long ago the sentence ended.¹

This is where people make expensive mistakes. Knowing your state has automatic restoration is not enough if your specific conviction sits in an excluded category. Check eligibility against the exact offense, not the general policy.

Federal Convictions Follow State Rules

There is no separate federal process for restoring voting rights. Whether you were convicted in federal or state court, your eligibility is decided by the state where you now live.² Someone with a federal drug conviction living in Texas follows Texas rules. If that person moves to a state with automatic restoration on release, the new state’s rules apply to the federal conviction. Relocation can change your voting status.

Re-Registering After Your Rights Return

Eligibility and registration are two separate things. In nearly every state, a felony conviction cancels your prior voter registration. Even when your rights come back automatically, you still have to register again before you can cast a ballot. Registration is available through state online portals, local election offices, and in many states the Division of Motor Vehicles.

The registration form will ask about criminal history and current eligibility. If your rights have been restored, by any route, you can truthfully confirm you are eligible. If you went through a pardon or petition, keep a copy of the restoration certificate handy. It helps if the registrar flags your application during a database cross-check. Once registration is processed, the local office mails a voter registration card with your polling place and districts.

Penalties for Voting Before You Are Eligible

Registering or voting before your rights are legally restored is a crime. Federal law imposes a fine of up to $10,000, up to five years in prison, or both for anyone who knowingly provides false information to establish eligibility in a federal election.³ Most states layer their own penalties on top, and a fresh conviction for illegal voting resets the clock on any future restoration effort.

The federal statute turns on the word “knowingly.” A person who genuinely believed their rights had been restored stands in a different position than someone who lied on the form. Even so, honest confusion is not a reliable defense. If there is any doubt, confirm your status before you register.

How to Confirm Your Status

The federal government’s Vote.gov site points people to state-specific resources, and the U.S. Department of Justice publishes a guide to state voting rules after a criminal conviction.² The most reliable step is to call the election office in the county where you live. Staff can check whether your specific conviction and current sentence status qualify under the state’s current law. If your conviction was federal, call the election office in the state where you live now, not the state where the federal court sat.

1
National Conference of State Legislatures. Restoration of Voting Rights for Felons
2
Vote.gov. Voting After a Felony Conviction
3
Office of the Law Revision Counsel. 52 USC 10307 – Prohibited Acts