Can I vote in Utah with a felony conviction?

We occasionally talk with someone who has a felony conviction from 10 or 20 years ago, or even older, and they are hoping to get their voting rights restored.

The good news? Most often, their right to vote has already been restored.

The bad news? Sometimes, they have refrained from voting for years and years, mistakenly believing that they lost the right to vote when they were convicted.

State Law Governs Voting Rights

Voting rights are generally determined by the laws of the state in which a person resides and intends to vote. Under the United States Constitution, elections are held in and conducted by the individual states.

Utah Code 20A-2-101.5 sets out the rules for voting by convicted felons and eligibility to hold elected office.

Voting with a Felony Conviction

Convicted felons can generally vote in Utah if they are not in prison. Specifically, the statute provides that the right to vote is “restored” upon any of the following:

• the person is sentenced to probation;
• the person is granted parole; or
• the person has successfully completed the term of incarceration to which the felon was sentenced.

In other words, if you are not currently serving a felony prison term, just having a felony conviction does not prevent you from voting.

Eligibility to Hold Elected Office

The statute applies more rigid rules to restoring a person’s eligibility to hold elected office following a felony conviction.

Eligibility is restored if all felony convictions have been expunged. Alternatively, eligibility can also be restored if all of the following conditions are satisfied:

• at least 10 years have passed since the date of the most recent felony conviction;
• all court-ordered restitution and fines have been paid in full; and
• for each felony conviction that has not been expunged, the person has:
  • completed probation in relation to the felony;
  • been granted parole in relation to the felony; or
  • has “successfully” completed the term of incarceration associated with the felony.

Clearing Your Criminal Record in Utah

Whether you are thinking about making a run for political office, hoping to restore your gun rights, or looking for ways to improve your employment options, Utah law provides several options for clearing your criminal record.

A 402 reduction (motion filed under Utah Code 76-3-402) can reduce the level of a conviction from a felony to a misdemeanor. Expungement of a conviction clears it from your record and allows you to answer most questions as though the arrest, court case, and conviction never occurred. A pardon granted for a state conviction has essentially the same effect as an expungement.

Your past record does not define who you are today. But there are often ways to help your “record” better match the person you have become.