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Frequently Asked Questions (FAQ) for Persons Convicted of a Felony
- Does a felony conviction affect the right to vote in Florida?
- What is the process to determine a voter’s status as it relates to a felony conviction?
- What is required to have my civil rights restored?
- How can I start the process to have my rights restored?
- How can I check to see if my rights have been restored?
- I have been convicted of a felony, but my name has not yet be removed from the active voter roll. Can I still vote?
- If I have been convicted of a misdemeanor, are my voting rights affected?
- If I am on probation, may I vote in Florida?
- If I have been arrested and am awaiting trial, may I vote?
- If my rights have been restored, do I need to bring my certificate when I register to vote?
- If my voting rights have been restored, what do I do next so that I may vote?
- When is the deadline to register to vote?
Does a felony conviction affect the right to vote in Florida?
A person who has been convicted of a felony is not eligible to vote in Florida unless they have had their civil rights restored. Once their civil rights have been restored, they can register to vote. (F.S. 97.041, 97.051, 101.045)
What is the process to determine a voter’s status as it relates to a felony conviction?
- The Florida Dept. of State or Clerk of Court notifies the Supervisor of a voter’s potential ineligibility
- Within seven (7) days of receipt of the information packet, the Supervisor of Elections sends the following items to the voter:
- The basis for ineligibility
- A copy of documentation indicating potential ineligibility
Notification that failure of the voter to respond within (30) days may result in the voter becoming ineligible to vote - A return form for the voter to confirm or deny the provided information
- Notification of the voter’s right to an administrative hearing with the Supervisor of Elections
- Notification to contact the Supervisor of Elections for assistance, if needed
*If the voter responds to the notification from the Supervisor of Elections: - If the voter agrees with the accuracy of the information provided by the Supervisor of Elections, the voter’s registration record is removed from the active roll to the ineligible roll.
- If the voter disagrees with the accuracy of the information provided by the Supervisor of Elections,
- The voter can request an administrative hearing with the Supervisor of Elections to review the information and determine the voter’s eligibility.
- If, after 30 days, the voter does not request a hearing, the Supervisor of Elections will review the information and if the voter is determined to be ineligible, he/she will be removed from the active roll and placed on the ineligible roll.
- If the notice sent from the Supervisor of Elections is returned as undeliverable, the Supervisor of Elections will publish a notice in a newspaper of general circulation
- If, within thirty (30) days, there is no response to the newspaper notice, the voter will be removed from the active roll and placed on the ineligible roll.
What is required to have my civil rights restored?
There are several conditions that must be met before a person’s civil rights can be restored. Here are a couple of links for more information:
- Florida Parole Commission Information on the clemency process
- Florida Parole Commission FAQ on clemency
How can I start the process to have my rights restored?
Contact the Office of Executive Clemency
- Office of Executive Clemency
4070 Esplanade Way
Tallahassee, FL 32399-2450 - Email Address: clemencyweb@fpc.state.fl.us
- Web Address: https://fpc.state.fl.us/Clemency.htm
- Phone: (800) 435-8286 / (850) 488-2952
- Fax: (850) 488-0695
How can I check to see if my rights have been restored?
Contact the Office of Executive Clemency
- Check online at: https://fpcweb.fpc.state.fl.us
You will need the following information:- First Name
- Last Name
- Date of Birth or Department of Corrections ID Number
- Email Address: clemencyweb@fpc.state.fl.us
- Phone: (800) 435-8286 / (850) 488-2952
- Fax: (850) 488-0695
I have been convicted of a felony, but my name has not yet be removed from the active voter roll. Can I still vote?
No. If you have been convicted of a felony, you are not eligible to vote even if your name still appears on the active roll unless and until your voting rights have been restored.
If I have been convicted of a misdemeanor, are my voting rights affected?
No. Only a felony conviction affects civil rights and voting. (F.S. 97.041)
If I am on probation, may I vote in Florida?
Felony probation must be completed before civil rights may be restored. Once your civil rights are restored, you must register to vote by the deadline in order to vote in Florida. (Rules 6, 9, 10A and 10B, rules of Executive Clemency, State of Florida)
If I have been arrested and am awaiting trial, may I vote?
If otherwise eligible to vote and registered to vote in Florida, then yes you may vote in Florida. (F.S.97.041 (5))
If my rights have been restored, do I need to bring my certificate when I register to vote?
No. If your rights have been restored, you do not need to present your certificate for voter registration. Just fill out the Florida Voter Registration Application completely and return it to the Escambia County Supervisor of Elections Office by the deadline. If you have any questions about the form, please contact our office by phone at (850) 595-3900, by email at soe@escambiavotes.com, or Fax at (850) 595-3914. (F.S. 97.041, 97.051 and 97.053(2))
If my voting rights have been restored, what do I do next so that I may vote?
In order to vote, you must register to vote in Florida by the deadline. To register to vote, complete a Florida Registration Application. Florida Voter Registration Applications may be obtained by:
- Stopping by any of these locations
- Calling our office at (850) 595-3900
- You can fill out, print and mail in an online form.
When is the deadline to register to vote?
The registration deadline is twenty-nine (29) days before an election.