Expungement and Voting Rights
Updated April 2026 Β· 4 min read
If you have a criminal record, your right to vote may be affected depending on your state. Expungement can restore these rights β but the rules vary significantly.
States Where Voting Rights Are Never Lost
In 21 states + DC, you never lose your right to vote due to a criminal conviction. You can vote even while incarcerated. These include Maine, Vermont, and most recently, states that have passed restoration legislation.
States Where Rights Restore Automatically
In 19 states, voting rights are restored automatically after release from prison (and sometimes after parole/probation). No additional action required β just re-register to vote.
States Where Expungement Matters Most
In states with more restrictive voting laws, expungement can be critical:
- Florida: Rights restored after completing sentence (including probation/parole). Expungement clears the record for registration purposes.
- Tennessee: Rights restoration is complex and may require expungement or a pardon depending on the offense.
- Mississippi: Certain offenses permanently strip voting rights unless expunged or pardoned by the governor.
- Iowa: Executive order restored rights, but registration processes may still be complicated by record visibility.
How to Re-Register After Expungement
- Confirm your rights are restored. Check your state's Secretary of State website or your state's guide.
- Register to vote. Online at vote.gov, by mail, or in person at your local elections office.
- If asked about criminal history on the registration form and your record is expunged, you can generally answer "no" in most states.
- Keep your expungement order handy in case of any questions.
Federal Elections
There is no federal right to vote β voting rights are determined by the states. Your eligibility to vote in federal elections (President, Congress) is governed by the state where you register.
If you're unsure about your voting rights, contact your local elections board or a civil rights organization like the ACLU or the Sentencing Project.
Need to Clear Your Record?
Expungement can restore not just your record, but your rights as a citizen.
Check Eligibility