Jury Service After Felony Conviction

Jury Service After Felony Conviction refers to the laws and policies that determine whether individuals with felony records can serve as jurors. Unlike voting rights, which have been expanding in recent years, jury service restrictions remain widespread and often more severe. Laws barring people with felony convictions from jury service affect more than 20 million Americans, reduce jury diversity by disproportionately excluding Black and Latino citizens, and have been shown to cause juries to deliberate less effectively.

The rules differ significantly between federal courts (which apply uniform national standards) and state courts (which vary dramatically). Many people are surprised to learn they may be eligible for jury service after completing their sentence, while others are surprised to discover they face permanent exclusion.

Summary

Jury eligibility after a felony conviction falls into several categories:

1. No automatic exclusion – A handful of states (Colorado, Illinois, Indiana, Iowa, Maine, North Dakota) do not automatically exclude people with felony convictions from jury pools
2. Automatic restoration upon sentence completion – Several states restore eligibility when you complete your sentence including probation and parole
3. Waiting period after sentence – Some states impose waiting periods of 3-15 years after completing your sentence
4. Permanent exclusion with restoration pathway – Many states permanently exclude felons but allow restoration through pardons, clemency, or other processes
5. Permanent exclusion – A few states offer virtually no pathway to restoration

For federal jury service, the rules are stricter: felons are permanently disqualified unless they receive a presidential pardon or, for state convictions, the convicting state has formally restored their civil rights.

Federal Jury Service

Federal jury eligibility is governed by the Jury Selection and Service Act (28 U.S.C. § 1865), which sets uniform requirements across all federal courts.

Who Is Disqualified

Under federal law, you are disqualified from serving on any federal jury (grand jury or petit jury) if you:

• Have been convicted of a crime punishable by imprisonment for more than one year (i.e., a felony), AND
• Have not had your civil rights legally restored

This disqualification applies whether the conviction occurred in state or federal court.

Restoring Federal Jury Eligibility

For federal convictions: The only way to restore federal jury eligibility is through a presidential pardon. The Supreme Court ruled in Beecham v. United States (1994) that only federal law can nullify the effect of a federal conviction, and since there is no federal procedure for restoring civil rights other than a pardon, this remains the sole pathway.

For state convictions: Whether you can serve on a federal jury depends on whether the state where you were convicted has restored your civil rights. Courts look to the law of the convicting state to determine restoration status. If that state automatically restores civil rights upon sentence completion, and that restoration includes jury service, you may be eligible for federal jury duty.

However, some courts have held that mere automatic restoration is insufficient—there must be "some affirmative act recognized in law" to restore rights. This creates uncertainty, and many federal courts still reject felons even when their state has technically restored their civil rights.

States Where State Restoration May Not Help Federal Jury Eligibility

A presidential pardon is specifically needed to restore federal jury eligibility for people convicted of federal felonies who reside in at least the following states: California, Delaware, Hawaii, Louisiana, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, Oklahoma, Pennsylvania, South Carolina, Utah, Vermont, and West Virginia.

State Jury Service

State jury eligibility laws vary dramatically. The Prison Policy Initiative has categorized states into several groups based on their exclusion policies.

States with No Automatic Exclusion

These states do not automatically exclude people with felony convictions from jury pools:

States That Do Not Automatically Exclude Felons from Jury Pools

State	Notes
Colorado	No automatic exclusion; attorneys may challenge during selection
Illinois	No automatic exclusion; attorneys may challenge during selection
Indiana	No automatic exclusion; attorneys may challenge during selection
Iowa	No automatic exclusion; attorneys may challenge during selection
Maine	No automatic exclusion; consistent with Maine's approach to voting rights
North Dakota	No automatic exclusion; attorneys may challenge during selection

Important: Even in these states, attorneys can challenge and remove jurors with felony convictions during the jury selection process (voir dire). Not being automatically excluded from the pool does not guarantee you will serve.

States with Automatic Restoration Upon Sentence Completion

These states restore jury eligibility automatically when you complete your sentence (including incarceration, parole, and probation):

States with Automatic Restoration After Sentence Completion

State	Notes
Alaska	Restored upon sentence completion
California	Restored upon completion of sentence; however, some sources indicate a Certificate of Rehabilitation or felony reduction may be required
Idaho	Restored upon "final discharge" per Idaho Code 18-310(2)
Minnesota	Restored upon sentence completion
Montana	Restored upon sentence completion
New Mexico	Restored upon sentence completion
North Carolina	Restored upon sentence completion
Ohio	Restored upon "final release" from parole/post-release control
Rhode Island	Restored upon sentence completion
South Dakota	Restored upon sentence completion
Washington	Restored when not serving DOC sentence of total confinement
Wisconsin	Restored upon sentence completion

States with Waiting Periods

These states require a waiting period after sentence completion before jury eligibility is restored:

States with Waiting Periods for Jury Eligibility

State	Waiting Period
Connecticut	3 years (reduced from 7 years in 2021)
Louisiana	5 years after release from incarceration, parole, and probation (changed from lifetime ban in 2021)
Massachusetts	7 years
Kansas	10 years
Oregon	15 years for felonies; 5 years for certain misdemeanors
Nevada	6 years for criminal juries; civil juries upon sentence completion
Washington, D.C.	1 year after sentence completion

States with Permanent Exclusion (Limited Restoration)

These states impose permanent exclusion but offer pathways to restoration through pardons, clemency, or other processes:

States with Permanent Exclusion but Restoration Pathways

State	Restoration Pathway
Alabama	Pardon required
Arizona	Automatic restoration for first-time non-violent offenders who pay restitution; others need pardon
Arkansas	Pardon or expungement required
Delaware	Pardon required
Florida	Clemency process; restored for non-murder/non-sex-offense convictions after completing sentence including fines (as of 2021)
Georgia	Pardon required
Hawaii	Pardon required
Kentucky	Pardon required
Michigan	Pardon required
Mississippi	Pardon required
Missouri	Pardon required
Nebraska	Pardon required
New Hampshire	Pardon required
New York	Lifetime ban; legislation to change was vetoed in 2024
Oklahoma	Pardon required
Tennessee	Pardon required
Utah	Pardon required
Vermont	Pardon required (if sentenced to prison)
Virginia	Permanent exclusion; pardon or gubernatorial restoration required
West Virginia	Pardon required
Wyoming	First-time non-violent felons can apply to Board of Parole after sentence completion; others need pardon

How to Respond to a Jury Summons

If you have a felony conviction and receive a jury summons, follow these steps:

Step 1: Do Not Ignore the Summons

Always respond to a jury summons, even if you believe you are disqualified. Ignoring a summons can result in:

• Civil contempt of court
• Fines up to $500 or more
• A warrant for your arrest in some jurisdictions

Even if you are ultimately disqualified, you must formally respond.

Step 2: Check Your State's Eligibility Requirements

Before responding, determine whether you are actually disqualified:

• Have you completed your entire sentence (including probation and parole)?
• Does your state restore jury eligibility automatically?
• Is there a waiting period that has passed?
• Have you obtained a pardon, expungement, or Certificate of Rehabilitation?

If you are eligible, you should serve if selected.

Step 3: Disclose Your Felony Status

If you are disqualified, disclose your felony conviction:

• On the questionnaire: Most jury questionnaires ask about felony convictions. Answer honestly.
• Contact the jury office: If the questionnaire is unclear, call the court's jury services department and explain your situation.
• In writing: Send a letter to the court explaining that you have a felony conviction and are therefore disqualified.

Include details such as:

• The nature of the conviction
• The date of conviction
• Whether you have completed your sentence
• Whether your rights have been restored

Step 4: Keep Documentation

Keep copies of:

• Your response to the summons
• Any correspondence with the court
• Proof that you were excused

This protects you if there are any questions later.

Restoration of Jury Eligibility

If you want to restore your right to serve on a jury, several pathways may be available depending on your state:

Automatic Restoration

In states with automatic restoration, you simply need to complete your sentence. No application or petition is required. However, you should be prepared to document:

• Your conviction date
• Your sentence completion date
• Discharge from probation/parole

Pardon

A pardon from the governor (for state convictions) or the President (for federal convictions) restores civil rights including jury eligibility in most states. The pardon process typically involves:

• A formal application
• A waiting period after sentence completion
• Background investigation
• Review by a pardon board or clemency office
• Final decision by the governor or President

Pardons are discretionary and there is no guarantee of approval.

Certificate of Rehabilitation (California)

In California, obtaining a Certificate of Rehabilitation restores jury eligibility. Requirements include:

• Residence in California for at least 5 years before filing
• A period of rehabilitation (typically 7-10 years after completing sentence)
• Petition filed in Superior Court
• No new felony convictions

Expungement or Record Sealing

In many states, expunging or sealing your criminal record restores all civil rights including jury eligibility. However:

• Not all convictions are eligible for expungement
• Waiting periods often apply
• Some states' expungement does not restore jury rights (California, for example)

Felony Reduction to Misdemeanor

Some states allow certain felonies to be reduced to misdemeanors after completing sentence. In California, under Penal Code § 17(b), Proposition 47, or Proposition 64, reducing a felony to a misdemeanor makes it a misdemeanor "for all purposes" and arguably restores jury eligibility.

Consequences of Serving While Ineligible

If you serve on a jury while ineligible for jury service:

Criminal Liability

You could face criminal charges for making false statements on the juror questionnaire if you knowingly misrepresented your eligibility. This typically requires proof of intentional deception.

Impact on the Trial

If it is discovered that an ineligible juror served:

• The verdict could be challenged on appeal
• A mistrial could be declared
• The case may need to be retried
• This wastes significant court resources and causes hardship for all parties

No Liability for Honest Disclosure

If you honestly disclosed your conviction on the questionnaire and were still selected, you would not face liability. The error would be the court's, not yours.

Misdemeanor Convictions and Jury Service

While most jury exclusion laws focus on felonies, some states also exclude people with certain misdemeanor convictions:

States with Misdemeanor Exclusions

State	Excluded Misdemeanors
Texas	Misdemeanor theft specifically excludes from jury service
Maryland	Any crime punishable by more than one year (includes some misdemeanors)
Pennsylvania	Any crime punishable by more than one year (includes some misdemeanors)
South Carolina	Any crime punishable by more than one year (includes some misdemeanors)

Additionally, people with pending criminal charges (felony or misdemeanor) are typically excluded from jury service until their case is resolved.

Recent Legislative Changes

Several states have recently reformed their jury exclusion laws:

California (2020)

Assembly Bill 1076 allowed former felons who completed their sentences (including probation) to serve on juries.

Florida (2021)

Changed executive clemency rules to restore jury eligibility for people with past felony convictions (except murder or sexual offenses) after completing their sentences including payment of legal financial obligations.

Connecticut (2021)

Reduced the waiting period for jury eligibility from 7 years to 3 years after completing a felony sentence.

Louisiana (2021)

Ended the state's lifetime jury service ban, restoring eligibility for people who have been free from incarceration and off probation/parole for 5 years.

New York (2024)

The legislature passed a bill allowing felons who completed all conditions of release to serve on juries, but Governor Hochul vetoed it. A new bill (S2240-A) was introduced in January 2025.

The Impact of Jury Exclusion

Excluding people with felony convictions from jury service has significant consequences:

Scale of Exclusion

More than 20 million Americans are barred from jury service due to felony convictions.

Racial Disparities

Because felony convictions disproportionately affect Black and Latino Americans, jury exclusion laws significantly reduce diversity in jury pools:

• Approximately one-third of Black men have felony convictions nationally
• This exclusion undermines the constitutional guarantee of a jury of one's peers
• Research shows diverse juries deliberate longer, consider more facts, and make fewer errors

Effectiveness of Juries

Studies have shown that excluding large segments of the population actually causes juries to deliberate less effectively, undermining the justice system's goals.

Frequently Asked Questions

Q: Can felons serve on a jury?

It depends on the state and whether your civil rights have been restored. In federal court, felons are permanently disqualified unless they receive a presidential pardon. In state courts, laws vary widely. Some states impose lifetime bans, others restore eligibility automatically after completing your sentence, and some require waiting periods of 3-15 years. About 6 states (Colorado, Illinois, Indiana, Iowa, Maine, North Dakota) do not automatically exclude people with felony convictions from jury pools.

Q: What happens if I get a jury summons and I'm a felon?

Always respond to your jury summons, even if you have a felony conviction. Never ignore it. Check your state's eligibility requirements first. If you are disqualified, disclose your felony status on the questionnaire or contact the jury office directly. You will be excused from service. Ignoring a summons can result in contempt of court and fines up to $500, even if you would ultimately be disqualified.

Q: How do I restore my right to serve on a jury after a felony?

Methods vary by state. In some states, jury eligibility is automatically restored when you complete your sentence including probation and parole. Other states require a waiting period of 3-15 years. Some states require you to obtain a pardon, Certificate of Rehabilitation, or have your record expunged. For federal jury service, only a presidential pardon can restore eligibility.

Q: Can I serve on a federal jury with a felony conviction?

Generally no. Federal law permanently disqualifies anyone convicted of a crime punishable by more than one year in prison unless their civil rights have been restored. For federal convictions, only a presidential pardon can restore federal jury eligibility. For state convictions, whether you can serve on a federal jury depends on whether the state where you were convicted has restored your civil rights.

Q: Which states permanently ban felons from jury service?

Approximately 22 states impose permanent or near-permanent bans on jury service for felons, with limited restoration options. These include Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Hawaii, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, New Hampshire, New York, Oklahoma, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wyoming. However, many of these states have pathways to restoration through pardons or clemency.

Q: Does expungement restore jury eligibility?

In most states, yes. When a criminal record is expunged or sealed, the conviction is erased from public record and civil rights including jury eligibility are typically restored. However, this varies by state. In California, an expungement does not automatically restore jury eligibility—you still need a Certificate of Rehabilitation or pardon. In some states, reducing a felony to a misdemeanor also restores jury eligibility.

Q: Can I get in trouble for serving on a jury as a felon?

Potentially yes. If you knowingly serve on a jury while ineligible, you could face criminal charges for making false statements on the juror questionnaire. However, if you honestly disclosed your conviction and were still selected, you would not be at fault. The bigger issue is that any verdict from a jury with an ineligible juror could be challenged and overturned.

Q: Are misdemeanor convictions a barrier to jury service?

In most states, misdemeanor convictions do not disqualify you from jury service. However, some states have exceptions. Texas specifically excludes people convicted of misdemeanor theft. Maryland, Pennsylvania, and South Carolina exclude people convicted of any crime punishable by more than one year, which can include certain misdemeanors.

See also

• Voting_Rights_for_Felons
• Overview of Incarcerated Persons' Rights
• Expungement
• Presidential Clemency and Pardons
• Overview of Reentry Processes