Felony Convictions and Voter Eligibility

Under a recent federal court order, individuals convicted of a felony can lose their voting rights in Virginia only if they were convicted of certain “common law felonies” described below. The court order can be found here.

As a result, many individuals who were previously convicted of felonies and released from incarceration may now be eligible to register to vote.

Who does this court order impact?

If you have a felony conviction and your offense is not a common law felony from 1870, and if you are not currently physically incarcerated, you are now eligible to register to vote and do not need to apply for restoration of rights by the Governor prior to registering to vote.

What are common law felonies?

There are 11 felony offenses that existed at common law in 1870: (1) arson; (2) burglary; (3) escape and rescue from a prison or jail; (4) larceny; (5) manslaughter; (6) mayhem; (7) murder; (8) rape; (9) robbery; (10) sodomy; and (11) suicide.

The Commonwealth has identified three statutory offenses that disqualify individuals from registering to vote or voting, because they exactly match the elements of one of the offenses listed above. Those statutory offenses are:

18.2-32 (murder)
18.2-35 (voluntary manslaughter)
18.2-36 (involuntary manslaughter)

Can I register to vote or cast a ballot while incarcerated for a felony?

No. Individuals are ineligible to register or vote in Virginia while physically incarcerated for a felony conviction. Any application to register or vote from an individual who is currently incarcerated for a felony conviction will be held until the individual is released from incarceration.

To register, do I need to apply to restore my right to vote?

If convicted of a felony that is not disqualifying, then you do not need to apply for restoration of rights to register to vote. Your right to register is restored automatically when you are released from incarceration.

If convicted of one of the disqualifying offenses above, then you will be eligible to register to vote only if you have your rights restored by the Governor. For more information about the restoration of rights process, visit the Secretary of the Commonwealth’s website. https://www.restore.virginia.gov/restoration-of-rights-process/

How should I fill out my voter registration application if I do not need to apply to have my right to vote restored?

When completing your voter registration application, you should indicate “yes” to the question about having a felony conviction, and “no” to the question regarding whether your right to vote has been restored, unless you previously had your rights restored by the Governor. Answering “no” to the restoration of rights question will not invalidate your application. For more information on how to register, visit the Department of Elections webpage “How to Register.”