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Democracy SENTRY
Who can vote after a conviction

A conviction does not end your vote in most of the country. Here is how to find out where you stand.

The rules on voting after a felony conviction are different in every state, and the differences are enormous: from never losing the vote at all to needing a certificate, a pardon or a paid-off balance before you can register. This page tells you which group your state is in, what to do first, and where the traps are.

Voting in your state

Every date and deadline for November 3 in each state, and who certifies the result.

Why this matters to you

The belief that a felony conviction ends the right to vote for good is wrong almost everywhere, and it keeps people from voting whom no law excludes.[1] In 41 of the 51 jurisdictions, the vote comes back with no application at all: three never take it away, 23 restore it the day you leave incarceration, and 15 restore it automatically when the whole sentence is done. Only ten states require a further step.[1]

If you have a conviction, the first question is not whether you can vote. It is which state you are in. The second is whether money is a condition, because in some states an unpaid fine or restitution keeps you off the rolls and in others it makes no difference. The third is what happens if you get it wrong, and the law there is more forgiving than the fear suggests: the federal voting crime requires that a person act knowingly and willfully.[16]

Which group is my state in?

As of September 2026, three jurisdictions never take the vote away, even in prison: the District of Columbia, Maine and Vermont.[1] Twenty-three states take it only while you are incarcerated. Missouri joined that group on August 28, 2026, when a new law let people on probation or parole for most felonies register and vote, roughly 41,000 people.[11] Nebraska dropped its two-year waiting period in 2024, and when the Secretary of State refused to follow the new law, the state supreme court ordered officials to comply.[12]

Fifteen states restore the vote automatically once the whole sentence, including probation and parole, is complete. Iowa is one, for every felony but homicide, and its Secretary of State says unpaid fines, fees and restitution do not stand in the way.[9] Kentucky restores civil rights automatically on final discharge for eligible offenses and says outright that unpaid restitution or fines do not prevent it, though the debt is still owed.[10] Delaware lifts the disqualification when the sentence expires or a pardon comes, whichever is first, with permanent exceptions for murder, manslaughter, certain corruption felonies and felony sex offenses.[14] Ten states require something more: an application, a certificate, a pardon or a vote of the legislature.[1]

Where is the money trap?

Florida restores the vote on completion of all terms of sentence for every felony except murder and felony sexual offenses, and all terms includes full payment of restitution to a victim and of fines and fees ordered by the court.[2] The obligation can also be satisfied if the payee ends it, if a court converts it to community service, or if a court modifies the sentence.[2] The trap is finding out what you owe: Florida has no statewide system for looking it up, and the official instruction is to read your sentencing documents and contact the clerk of court in each county where you were convicted.[3] Florida is also the only state that will give you an official written answer on your own eligibility before you register, through Form DS-DE 500 with a 90-day response deadline, and its law says any ambiguity in the eligibility rules is resolved in your favor.[4][2]

Alabama requires a Certificate of Eligibility to Register to Vote, and one condition is that you have paid all fines, court costs, fees and victim restitution ordered on the disqualifying cases; there is no confirmed statewide way to look that balance up, and the state's voter guide directs you to telephone the Bureau of Pardons and Paroles.[5] Mississippi, by contrast, disqualifies only for a listed set of crimes and restores the vote by a two-thirds vote of both houses of the legislature, a governor's order after probation, or a pardon, with no financial condition at all.[13] Tennessee's permanently disqualifying felonies depend on when you were convicted; a conviction before May 18, 1981 never disqualifies you.[6]

What about Virginia, and what about jail?

Virginia's constitution bars anyone convicted of a felony from voting unless the Governor restores their rights, and the state says you may apply once you are no longer incarcerated.[7] That could change on November 3, 2026: Virginia voters decide Question 3, which would amend the constitution so that a person convicted of a felony loses the vote only while incarcerated and regains it automatically on release.[8]

If you are in jail awaiting trial, or serving a misdemeanor sentence, you have not lost the vote, and the Supreme Court held in 1974 that denying absentee access to people in that position violates equal protection.[19] The District of Columbia runs the most fully documented in-jail voting program in the country, with voting machines inside its facilities and same-day registration at the jail.[15] The framework behind all of this is two Supreme Court decisions that pull in opposite directions: Richardson v. Ramirez in 1974 held that a state may disenfranchise people with felony convictions even after their sentences end, and Hunter v. Underwood in 1985 struck down Alabama's 1901 provision because it was adopted with a racially discriminatory purpose.[17][18]

What should I do first?

First, find out whether you are disqualified at all; in 41 jurisdictions you are not, once you are out or once your sentence ends.[1] Second, if your state is one of the ten that requires a further step, start it now, because a certificate or a pardon takes time. Third, if money is a condition where you live, get the balance in writing from the clerk in every county of conviction before you register.[3][5]

Fourth, if your state offers a written eligibility opinion, ask for one and keep it.[4] Fifth, do not let fear of prosecution do the disqualifying for you: the federal crime requires a knowing and willful act, and a false registration counts only if you knew the document was materially false.[16] Florida's election crimes office reported receiving 2,040 complaints and forwarding roughly 1,094 people from the 2020 election and 70 from 2022 for investigation; that number is worth knowing, and so is the requirement of a guilty mind that stands between an honest mistake and a charge.[20][16]

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Sources

  1. National Conference of State Legislatures, Felon Voting Rights, https://www.ncsl.org/elections-and-campaigns/felon-voting-rights · September 2, 2026
  2. Florida Statutes, Section 98.0751, restoration of voting rights, https://www.flsenate.gov/Laws/Statutes/2026/98.0751
  3. Florida Division of Elections, Felon Voting Rights, https://dos.fl.gov/elections/for-voters/voter-registration/felon-voting-rights/
  4. Florida Administrative Code, Rule 1S-2.010, Advisory Opinions, https://www.law.cornell.edu/regulations/florida/Fla-Admin-Code-Ann-R-1S-2-010
  5. Alabama Bureau of Pardons and Paroles, Pardons and Restoration of Voting Rights, https://paroles.alabama.gov/about-us/pardons-restoration-of-voting-rights/
  6. Tennessee Secretary of State, Restoration of Voting Rights, https://sos.tn.gov/elections/guides/restoration-of-voting-rights
  7. Secretary of the Commonwealth of Virginia, Restoration of Rights Process, https://www.restore.virginia.gov/restoration-of-rights-process/
  8. Virginia Department of Elections, Proposed Constitutional Amendment, Question 3, https://www.elections.virginia.gov/election-law/proposed-constitutional-amendment-question-3/
  9. Iowa Secretary of State, Restoring Voter Rights, https://sos.iowa.gov/voters/restoring-voter-rights
  10. Commonwealth of Kentucky, Restoration of Civil Rights, frequently asked questions, https://civilrightsrestoration.ky.gov/Pages/faq.aspx
  11. Missouri Revised Statutes, Section 115.133, https://revisor.mo.gov/main/OneSection.aspx?section=115.133
  12. Nebraska Revised Statutes, Section 29-112, https://nebraskalegislature.gov/laws/statutes.php?statute=29-112
  13. Mississippi Secretary of State, Disenfranchising Crimes, https://www.sos.ms.gov/sites/default/files/elections/2025%20Disenfranchising%20Crimes.pdf
  14. Delaware Constitution, Article V, Section 2, https://delcode.delaware.gov/constitution/constitution-06.shtml
  15. District of Columbia Department of Corrections, General Election Voting, https://doc.dc.gov/release/general-election-voting
  16. 52 U.S.C. 20511, National Voter Registration Act, criminal penalties, https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20511&num=0&edition=prelim
  17. Richardson v. Ramirez, 418 U.S. 24 (1974), https://tile.loc.gov/storage-services/service/ll/usrep/usrep418/usrep418024/usrep418024.pdf
  18. Hunter v. Underwood, 471 U.S. 222 (1985), https://tile.loc.gov/storage-services/service/ll/usrep/usrep471/usrep471222/usrep471222.pdf
  19. O'Brien v. Skinner, 414 U.S. 524 (1974), https://tile.loc.gov/storage-services/service/ll/usrep/usrep414/usrep414524/usrep414524.pdf
  20. Florida Department of State, Office of Election Crimes and Security, report, https://files.floridados.gov/media/706232/dos-oecs-report-2022.pdf