To register to vote, you must submit a voter registration application with documentation that verifies the date of the conviction and the type of felony (to show it was not a felony causing a loss of voting rights) to avoid automatic rejection of the application.

If convicted of one of the 21 felonies and found “infamous,” your voting rights may be restored. You can petition the circuit court where the felony occurred or where you live for the restoration of full rights of citizenship, which includes voting rights. The court may grant or deny your petition. A copy of the granted petition must be submitted with your voter registration application to avoid rejection.

If Your Felony Conviction was Between January 15, 1973, and May 17, 1981

You are eligible to vote if convicted of any felony during this period. You never lost your right to vote.

Documentation verifying the date of the conviction must be attached to your voter registration application or it will be rejected.

If your Felony Conviction was on or After May 18, 1981

You are not eligible to vote if convicted of any felony during this period. In most instances, you may regain your eligibility to vote through the completion of a Certificate of Restoration of Voting Rights.

If convicted of one of a small number of specific criminal offenses, you are permanently barred from voting. Those felonies are: 

• Voter fraud, treason, first-degree murder and aggravated rape from July 1, 1986, through June 30, 1996;
• voter fraud, treason, and any degree of murder or rape from July 1, 1996, through June 30, 2006; and
• voter fraud, treason, any degree of murder or rape, certain felonies involving bribery, misconduct involving public officials and employees, or interference with government operations, and any felony sexual offense where the victim was a minor on or after July 1, 2006.

If your felony conviction was for anything else, you can restore your right to vote with a certificate.

A misdemeanor conviction never results in a loss of voting rights. This is the case even if the accused was originally charged with a felony but pleaded guilty to a misdemeanor. You also don’t lose your voting rights if you were charged with a felony but successfully completed a diversion program or had your case dismissed.

CAN YOU REGAIN YOUR VOTING RIGHTS?

You can regain your right to vote even if you were convicted of a felony that carried with it the loss of voting rights if:

• Your felony conviction was reversed on appeal,
• you received a full pardon, or
• the conviction was expunged.

Documentation of these events must accompany the voter registration application, or the election commission will reject your application. The voter registration application does not clearly state that documentation must be provided for convictions expunged or reversed on appeal.

Use of The Certification of Restoration of Voting Rights Process

You may be able to have your voting rights restored without going to court through the completion of a Certificate of Restoration of Voting Rights for felony convictions occurring on or after May 18, 1981. Felony convictions of a small number of specific criminal offenses permanently bar the restoration of voting rights. To restore your voting rights using a certificate:

• Your sentence must be completed, including probation or parole;
• all court costs and restitution must have been paid; and
• you must be current on child support obligations.

You may be able to obtain a cost waiver to reduce the amount of unpaid court costs or a judicial declaration of indigency to excuse you from the requirement. If interested in pursuing, we suggest you obtain the assistance of an attorney. Information regarding the possible availability of pro bono legal assistance in pursuing restoration of voting rights can be found at the end of this guide.

If you have unpaid child support obligations blocking your ability to restore your voting rights, contact the TN Department of Human Services, Shelby County office, at (901) 432-6700, to establish a payment plan and request a reassessment of your financial status to possibly reduce your monthly payments. These actions may make it easier to pay current child support, but your voting rights cannot be restored through a certificate of restoration while you still owe unpaid child support obligations.

If you have a felony conviction but restored your voting rights in Tennessee before moving to Shelby County, indicate on your voter registration application that your voting rights were restored and identify the county where you were last registered. The election commission will contact that county to request the restoration documentation.

Steps to Obtaining a Completed Certificate in Shelby County, TN

1. Contact or visit the appropriate office to request the completion of the certificate. Each conviction requires completion of a separate certificate. No fee is charged.

• If your felony conviction was in a Shelby County criminal court, go to the Shelby County Criminal Clerk’s Office, 201 Poplar Ave., 3rd Floor, (901) 222-3376, to request your voting rights be restored with a Certificate of Restoration of Voting Rights. They will provide the certificate form. You will need to provide your name and date of birth. After searching your criminal record in Shelby County, they will complete the form.
• If your felony conviction was in federal court, call the U.S. Probation Office for the Western District of TN, in Memphis, at (901) 495-1400 to request a certificate. When completed, they will mail the certificate to you. If your federal conviction occurred outside this district, ask for guidance.
• If your felony conviction was in another Tennessee county, contact the criminal court clerk’s office in that county to find out where to present the form  (Certificate)  for completion. It may be the local probation office.
• If your felony conviction occurred in another state, the certificate must be completed in the county in the state where the conviction occurred. This may require the assistance of a lawyer.

2. Mail or hand deliver the completed certificate with your voter registration application    (Form)  to the Shelby County ElectionCommission, 157 Popular Ave., Suite 137, Memphis, TN 38103  (downtown). Retain a copy of the documents.

3. The certificate is sent to the Tennessee Coordinator of Elections for final review. They also confirm that you have no unpaid child support obligations.

4. When approval is received, the election commission will register you to vote and mail you a voter registration card. If not approved, you receive a letter explaining why. If you don’t understand the explanation or believe you registration application was wrongfully denied, contact the election commission at (901) 222-1256 for further information.

Petitioning for the Restoration of Citizenship Rights

If you are not eligible for a certificate of restoration, you can petition a circuit court for restoration of the full rights of citizenship, which includes voting rights. To use this process of restoration, you cannot have a conviction that permanently disqualifies you from voting. You would file the petition, with the assistance of an attorney, in the circuit court in Tennessee where the felony occurred or where you live.

If you have difficulty obtaining a completed certificate for an out-of-state conviction, you can also petition the circuit court where you live for restoration of citizenship rights.

Legal Assistance in Restoring Voting Rights

The Shelby County Voter Alliance in partnership with the National Bar Association Ben F. Jones Chapter and Memphis Area Legal Services operates a referral system for those needing legal assistance in restoring their voting rights, including assistance in obtaining a waiver of unpaid court costs. If you think you might qualify to have your voting rights restored in Shelby County, complete the voter restoration intake form at bit.ly/unlockmyvote to pursue legal assistance in restoring your voting rights.

For Additional Information on Voter Registration

To obtain assistance in understanding the restoration of voting rights process and your ability to register to vote, contact a Voter Specialist at the Shelby County Election Commission at (901) 222-1256 or (901) 222-1200.

League of Women Voters Memphis and Shelby County

P.O. Box 383291, Memphis, TN 38183

Website: www.lwvmemphisshelby.org

Email: lwvmsc [at] gmail.com ()

Phone: (901) 300-0235

This document is intended as an informational resource. It is not meant to provide legal advice. (12/2021)