Can a Felon Do Jury Duty in California: State and Federal Rules

Yes, a person with a felony conviction can do jury duty in California, as long as they have finished their sentence, are no longer on any form of felony supervision, and are not required to register as a sex offender for a felony. Since January 1, 2020, a felony conviction by itself no longer disqualifies anyone from a California jury.

When Jury Eligibility Returns

California used to impose a lifetime ban: any felony conviction, no matter how old, kept you out of the jury pool for good. Senate Bill 310 ended that rule by amending Section 203 of the Code of Civil Procedure, effective January 1, 2020.1Superior Court of California, County of Del Norte. California Code of Civil Procedure Section 203 – Senate Bill 310 The change made hundreds of thousands of Californians eligible overnight.

Under the current law, once you have completed your custody time and any court-ordered supervision, you qualify the same as anyone else. If a summons shows up at that point, you are expected to respond and serve.

Who Still Cannot Serve

Three categories of people with felony convictions remain disqualified under Section 203:

The first two bars are temporary. Finish custody, finish supervision, and eligibility comes back automatically. The registration bar is different: it lasts as long as the registration obligation does, even if every other part of the sentence is behind you.

What Counts as Felony Supervision

The four supervision types that disqualify you are worth sorting out, because they come from different parts of the system and readers often don’t know which one applies to them.

Parole is state-level supervision after a prison term, managed by the California Department of Corrections and Rehabilitation. Post-release community supervision was created by the 2011 realignment and covers people released from prison for non-violent, non-serious, non-sexual felonies; it is run by the county probation department rather than the state. Felony probation is a sentence served in the community in place of prison and is also overseen at the county level. Mandated supervision is the back end of a split sentence, where a judge orders county supervision following a jail term for certain felonies.

If any of these are still active, you cannot serve. Once the supervision term is officially discharged, the bar lifts.

Federal Jury Duty Follows a Different Rule

A summons from a federal court is governed by its own statute, not California’s. Under 28 U.S.C. Section 1865, a person convicted of a crime punishable by more than one year in prison is disqualified from federal jury service unless their civil rights have been restored.3Office of the Law Revision Counsel. 28 USC 1865 – Qualifications for Jury Service

For a California conviction, that restoration generally happens on its own. The state restores civil rights once incarceration and parole or probation are complete; voting rights, for instance, return as a matter of law when you are no longer imprisoned or on parole.4Justia Law. California Constitution Article II Section 4 Combined with the jury eligibility restored by SB 310, that typically meets the federal standard.

If your conviction came from another state or from federal court, the analysis changes. The federal statute looks at the jurisdiction that convicted you, not where you now live.5United States Courts. Juror Qualifications, Exemptions and Excuses A state that does not automatically restore rights may require a formal restoration order or a pardon. Federal convictions can be addressed through a presidential pardon or a court order setting the conviction aside.6United States District Court, District of Nebraska. What If I Have a Prior Conviction for a Felony and Do Not Know if My Right to Serve on a Jury Has Been Restored

Answering the Summons

Every jury summons comes with a questionnaire that you sign under penalty of perjury. The questions about criminal history are specific: they ask whether you have been convicted of a felony and whether you are currently on parole, post-release community supervision, felony probation, or mandated supervision.

If your sentence and all supervision are complete, the correct answer is no, and you qualify. If any supervision is still in place, the answer is yes, and the court will excuse you for the time being.

Guessing is where people get into trouble. If you aren’t sure whether your probation or parole has actually been discharged, confirm it with your supervising officer or get documentation of the discharge date before you sign anything. Lying on a signed juror questionnaire is perjury, which in California is a felony punishable by two, three, or four years in state prison.7California Legislative Information. California Penal Code Section 126 For someone who just regained the right to serve, that is not a risk worth taking. When in doubt, call the jury commissioner’s office listed on the summons and ask.