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Voting with a Criminal Record
In New York, anyone who was incarcerated for a felony conviction has their voting rights immediately and automatically restored upon release. No special documentation is needed to register. In addition, those incarcerated pretrial or for a misdemeanor conviction remain eligible to vote.
In New York, you CAN vote with a criminal record if you:
- are or were convicted of a misdemeanor; or
- are on parole; or
- are on probation; or
- were not sentenced to prison or had your prison sentence suspended; or
- served your maximum prison sentence; or
- were pardoned.
New Yorkers who CANNOT vote with a criminal record:
New Yorkers who are currently incarcerated for a felony conviction are ineligible to vote.
Voters who are in jail for a misdemeanor or are awaiting trial:
New Yorkers who are being held pretrial or on misdemeanor convictions remain eligible to vote. You may still register and vote if you are in jail for a misdemeanor or are awaiting trial, however you will need to vote by absentee ballot.
Voters who are on probation or parole:
New Yorkers who are on probation or parole are eligible to vote. If you are living in the community, you can vote.
You will need to re-register to vote if you were incarcerated for a felony conviction:
If you were previously registered to vote and were sentenced to prison, you will need to re-register to vote after you are released from incarceration.
If you have a federal felony conviction or a felony conviction in another state:
You may still register and vote in New York if you were previously convicted of a federal felony or a felony in another state.