Know Your Rights: Voting with a Felony Conviction

Last updated: October 1, 2026 01:20 pm

A collage of a prison watch tower and a voting sticker, sits over a blank background.

Who can vote in Virginia after King v. Youngkin?

Thanks to a new court ruling in an ACLU of Virginia lawsuit, thousands of people in Virginia may now be eligible to register to vote. Are you one of them?

You can register to vote

If you have NEVER been convicted in Virginia for murder, voluntary manslaughter, or involuntary manslaughter:

Yes, you may be eligible to register and vote under King v. Youngkin.

Anyone who has never been convicted in a Virginia state court of murder under Virginia Code 18.2-32, voluntary manslaughter under Virginia Code 18.2-35, or involuntary manslaughter under Virginia Code 18.2-36 may be able to vote if they also meet the following criteria:

  • Are a United States Citizen;
  • Reside in Virginia;
  • Are at least 18 years old; and
  • Have not been declared mentally incompetent by a court.

If you are currently incarcerated and are interested in voting, please email us at intake@acluva.org or send a letter to us at PO Box 26464, Richmond, Virginia 23261.

A line of people stand in front of a voting locating, Over the photo is a checkmark.

You can't register to vote

If you have EVER been convicted in Virginia of murder, voluntary manslaughter, or involuntary manslaughter:

No, you’re not eligible to register and vote under King v. Youngkin.

People who have EVER been convicted in a Virginia state court of murder under Virginia Code 18.2-32, voluntary manslaughter under Virginia Code 18.2-35, or involuntary manslaughter under Virginia Code 18.2-36 automatically and permanently lose their voting rights in Virginia unless they are restored by the governor.

You are not eligible to vote, but you can still petition to have your rights restored by the governor. You won't be able to vote until your rights are restored.

A photo of a prison wall is overlapped with an X.

How do I register to vote now that I'm eligible?

If you're eligible to vote after previously losing your voting rights to a felony conviction, here is what your registration form would look like:

A visual of a Virginia Voter Registration Application. Question 3 is outlined and says "have you ever been convicted of a felony or judged mentally incapacitated and disqualified to vote?" After the question there are two check boxes that say yes and the other no. The yes is checked. Following that question is text that says "If yes, has your right to vote been restored" and following that are two checkboxes that say yes and the other no. The no is checkmarked.
  • If you have ever been convicted of a felony, you should check YES. Even if your record was sealed or expunged, you should check YES.
  • If your right to vote has never been restored, or if you are not sure, you should check NO. If you have received clemency from the governor, you should check YES.

To finish registering, fill out the rest of the form and submit it physically to your Local Voter Registration Office. Or you can register online, where you will be asked the same sets of questions.

You should answer all the questions completely and truthfully, no matter whether you register online or on a paper form.

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Oct 1, 2026

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