Can you serve on a jury with a felony?

The rules

• For federal juries, you are disqualified if you have a pending charge for, or have been convicted in a state or federal court of, a crime punishable by more than one year in prison, unless your civil rights have been restored.^1,2

  28 U.S.C. 1865(b)(5) applies to both grand and trial juries in federal district court. The U.S. Courts' juror qualifications page states the rule as never having been convicted of a felony 'unless civil rights have been legally restored or never were lost in the jurisdiction of conviction', and not currently being subject to felony charges punishable by more than one year. Whether your rights are restored depends on the law of the place where you were convicted.

• What counts is the maximum possible sentence for the crime, not the sentence you actually got or whether it was called a felony.^1,3,4

  The federal rule and Pennsylvania's rule both use 'a crime punishable by imprisonment for more than one year'. In Pennsylvania, for example, a first-degree misdemeanor carries up to 5 years and a second-degree misdemeanor up to 2 years (18 Pa.C.S. 1104), so those misdemeanor convictions also disqualify a person from Pennsylvania juries unless pardoned.

• For state and local court juries, your state's law decides, and the rules range from eligibility after your sentence ends to a lifetime bar unless pardoned.^3,5,6,7

  Examples (see state examples for details): California restores eligibility once you are off felony parole, probation or supervision, unless you must register as a sex offender for a felony (Code of Civil Procedure 203(a)(9)-(11)); Utah restores it if the felony is expunged or reduced to a misdemeanor (Utah Code 78B-1-105(2)); Florida requires restoration of civil rights through clemency (Fla. Stat. 40.013(1)); Pennsylvania requires a pardon or amnesty (42 Pa.C.S. 4502(a)(3)).

• A pending charge can disqualify you even without a conviction.^1,7

  Federal law disqualifies anyone with a pending charge for a crime punishable by more than one year (28 U.S.C. 1865(b)(5)). Florida disqualifies anyone 'under prosecution for any crime' (Fla. Stat. 40.013(1)). An arrest that didn't lead to a charge or conviction isn't a disqualification under these statutes.

• Answer the juror qualification form truthfully: willfully misstating a material fact to avoid or get onto a federal jury can be punished.⁸

  28 U.S.C. 1864(b): a fine of up to $1,000, up to three days in jail, community service, or a combination. The court decides qualification from the form and other evidence (1865(a)).

What can stand in the way

• In Florida, getting your right to vote back doesn't give you back the right to serve on a jury.⁹

  Florida's Commission on Offender Review says the 2018 Voting Restoration Amendment covers only the right to vote, and that the right to sit on a jury can be restored only by applying to the Board of Executive Clemency.

• Being on felony parole, probation or supervision, or in jail or prison, disqualifies you even in states with generous rules.⁵

  California Code of Civil Procedure 203(a)(9)-(10).

• Sex-offender registration based on a felony keeps you off California juries for as long as you must register.⁵

  California Code of Civil Procedure 203(a)(11).

Waivers and exceptions

• Restoration of civil rights, a pardon, an expungement or a reduction of the offense can restore eligibility, depending on the court.^1,3,6,9,10

  Federal: civil rights restored (28 U.S.C. 1865(b)(5)). For a federal conviction, the Justice Department's Office of the Pardon Attorney says a presidential pardon removes civil disabilities, such as restrictions on the right to sit on a jury, imposed because of the pardoned conviction, and that some, but not all, states have procedures to restore civil rights such as jury service even after a federal felony conviction; it tells people to ask the clemency authorities in the state where they live. Pennsylvania: a pardon or amnesty (42 Pa.C.S. 4502(a)(3)). Utah: expungement, or reduction of the felony to a misdemeanor (78B-1-105(2)). Florida: restoration of civil rights through the Board of Executive Clemency (Fla. Stat. 40.013(1)).

• If you're summoned but not qualified, say so on the qualification form; the federal penalty is for willfully misstating facts, not for being disqualified.^1,8

  Under 28 U.S.C. 1865(a), the court determines qualification from the juror qualification form and other competent evidence; the penalty in 1864(b) is for willful misstatements, not for being unqualified.

How states handle it

Federal juries follow 28 U.S.C. 1865. State court juries follow each state's own statute, and the rules vary: some states bar people only while they are serving a sentence, some restore eligibility after a pardon, expungement or restoration of civil rights, and some keep a lifetime bar unless pardoned. In the federal system, whether your civil rights have been restored depends on the law of the jurisdiction where you were convicted.

• California

  Since January 1, 2020 (SB 310), people with felony convictions can serve on California juries unless they are in jail or prison, on felony parole, postrelease community supervision, felony probation or mandated supervision, or currently required to register as a sex offender because of a felony; a conviction for malfeasance in office also disqualifies until civil rights are restored.⁵

• Utah

  Since May 7, 2025 (H.B. 49), a felony conviction from any U.S. state or federal court keeps you off Utah juries unless it has been expunged or reduced to a misdemeanor; before that, only expungement restored eligibility.¹¹

• Florida

  Florida disqualifies anyone under prosecution for any crime, and anyone convicted of bribery, forgery, perjury, larceny or a felony, unless their civil rights are restored; that restoration comes only from the Board of Executive Clemency, not from the 2018 voting amendment.⁷

• Pennsylvania

  Pennsylvania disqualifies anyone convicted of a crime punishable by more than one year in prison, which includes first-degree (up to 5 years) and second-degree (up to 2 years) misdemeanors but not third-degree misdemeanors (up to 1 year), for life unless they receive a pardon or amnesty.³

What to do next

1. Check which court summoned you: federal (U.S. District Court) or state, county or municipal. Different rules apply.
2. Look up the maximum possible sentence for each offense you were convicted of; for federal juries, anything punishable by more than one year counts, even if you served less or it was called a misdemeanor.
3. Find out whether your civil rights were restored, or whether you received a pardon, expungement, or a reduction to a misdemeanor, and get the paperwork.
4. Read your state's juror qualification statute or the court's jury page (examples below), and note whether you must be off probation or parole, or need a pardon or restoration.
5. Answer the juror questionnaire honestly; if you aren't sure whether you're qualified, call the jury office named on your summons and ask before the reporting date.
6. If you want to regain eligibility, ask about your state's restoration, pardon or record-clearing process.

Where to ask

• U.S. Courts: Juror qualifications

  Who can serve on a federal jury.

• 28 U.S.C. 1865

  The federal juror qualification statute.

• Florida: Restoration of civil rights (clemency)

  How to apply to restore the right to serve on a Florida jury. Office of Executive Clemency: 1-800-435-8286.

Felony or misdemeanor?

Some of the rules on this page treat felonies and misdemeanors differently, and each state decides which crimes are which. See how your state grades crimes, or check a specific charge on Is it a felony?.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.