NY Criminal Defense Attorney Bruce Richardson

Conviction Consequences - Voting

VOTING

The right to vote is determined by the law of the state in which one seeks to vote.

In New York State, people convicted of felonies who are sentenced to imprisonment (incarceration in a state facility) cannot vote or register until they are pardoned, their maximum sentence has expired, or they are discharged from parole. This can be particularly onerous for individuals that have a lengthy parole or life sentence.

The right to vote does not affect felony convictions that result in sentences to incarceration in local jails (i.e. Rikers Island).

The right to vote is not affected by misdemeanor convictions.

The restoration of the right to vote is automatically restored and does not require a certificate of relief from disabilities.

Individuals on parole and not incarcerated can have their right to vote restored if they obtain a certificate of relief from disabilities (legal vehicle that restores most of his rights that were removed as a result of the criminal conviction).

Jury Service

STATE-
Persons convicted of a felony may not serve on a Jury in New York State

FEDERAL-
Persons who have charges pending for or who have been convicted of a state or federal crime that carries a maximum sentence over one year are disqualified from serving on federal grand or petit jury, unless their “civil rights” have been restored.

 

Criminal Laws about Voting

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