I have a criminal record. Can I register to vote in California?
Maybe. Recent changes in state law mean many people with records can vote in California![241]
In California, you lose your right to vote if you are: 1) currently incarcerated in state or federal prison (or in county jail awaiting transfer to state prison), 2) actively on state parole, OR 3) currently involuntarily committed because a judge found you mentally ill.[242] You automatically regain your right to vote after any of those circumstances ends—after you are no longer in prison, off state parole, and/or no longer involuntarily committed.
Unless you fall into one of these three categories, you have the right to vote! That means if you are on probation, PRCS, mandatory supervision, or any form of federal supervision (supervised release, probation, or parole) in California, you can vote (so long as you meet the other voter requirements like age and citizenship). You can also see the chart on PG. 68 to understand how your criminal record and supervision status will affect your voting rights.
the chart below explains if you can vote in California based on your supervision and custody status. If you fall under more than one category, and THE ANSWER IS “no” FOR EITHER ONE, then you cannot vote.
People with State Convictions | |
CUSTODY OR SUPERVISION STATUS | CAN I VOTE? (Note: You must also be age 18 or older by the next election day, a U.S. citizen, and a California resident) |
Currently incarcerated in state prison | NO |
On state parole | NO |
On probation (informal or formal) | YES |
On post-release community supervision (PRCS) | YES |
On mandatory supervision | YES |
Currently incarcerated in county jail | IT DEPENDS – Because jail time is a condition of your probation: YES Because you were sentenced to serve time in jail: YES Because of a felony “split sentence” that combines jail and probation time on Mandatory Supervision: YES Because of an “AB 109” felony conviction with PRCS supervision to follow: YES Because of a parole violation: NO Because you have been convicted and sentenced of a felony and are waiting to be transferred to federal or state prison: NO |
Pending felony charge(s) (meaning you are charged, but not yet convicted) | YES |
Have a juvenile adjudication on my record | YES. A juvenile adjudication is NOT considered a conviction and thus does not affect a person’s eligibility to vote when they reach the age of majority. |
People with Federal Convictions | |
CUSTODY OR SUPERVISION STATUS | CAN I VOTE? (Note: You must also be age 18 or older by the next election day, a U.S. citizen, and a California resident) |
Currently incarcerated in federal prison | NO |
On federal probation | YES |
On federal supervised release | YES |
On federal parole (applies to very few people) | YES |
- 241
See Cal. Elec. Code § 2101 (as modified by AB 2466, effective January 1, 2017); Cal. Secretary of State, Voting Rights for Californians with Criminor Records or Detained in Jail or Prison, http://www.sos.ca.gov/elections/voting-resources/voting-california/who-can-vote-california/voting-rights-californians/. ↑
- 242
Cal. Elec. Code §§ 2101 and 2211(a)(3). ↑