Can a felon vote in Texas?
Yes, once the sentence is finished. Election Code §11.002(a)(4) makes a person with a felony conviction a qualified voter again once they have fully discharged the sentence, including any term of incarceration, parole, or supervision, or completed a period of probation. There is no application, no waiting period and no fee; the right returns by operation of law. Two things still have to happen: you must register, and you must be certain the sentence is actually discharged, because voting while still ineligible is a second degree felony under §64.012.
- Texas restores automatically. No petition, no hearing, no restoration certificate.
- "Fully discharged" includes parole and supervision. Walking out of prison is not the finish line; the whole sentence has to be served out.
- Deferred adjudication never took the right away. §11.002(b) says a person is not finally convicted where proceedings were deferred without an adjudication of guilt.
- Misdemeanors do not affect it at all, however many there are.
- A pardon also restores it, under §11.002(a)(4)(B), without waiting for discharge.
- You still have to register. Eligibility and registration are different things, and §13.001 sets the same conditions for registering.
- Voting too early is a second degree felony, 2 to 20 years, under §64.012(b). The element that protects honest mistakes is knowledge.
This question gets answered badly almost everywhere, usually because the writer is describing a different state. Texas is more generous than many on restoration and harsher than most on voting too soon, and the gap between those two facts is where people get into trouble. Peter M. Barrett has defended Dallas County cases since 1994, across more than 150 jury trials, and the case review is free and confidential. This guide sets out what the Election Code says.
The rule, in the statute's own terms
§11.002(a) defines a qualified voter as a person who is 18 or older, a United States citizen, a resident of the state, a registered voter, has not been found totally mentally incapacitated (or partially incapacitated without the right to vote) by a final probate judgment, and:
has not been finally convicted of a felony or, if so convicted, has: (A) fully discharged the person's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or (B) been pardoned or otherwise released from the resulting disability to vote.
Three features of that sentence do the work.
- "Finally convicted." Only a felony conviction matters. A misdemeanor, of any class and any number, never affects the right to vote in Texas.
- "Fully discharged ... including any term of incarceration, parole, or supervision." Release from custody is not discharge. Parole is part of the sentence. So is supervision.
- "Ordered by any court." That reaches federal and out of state sentences, not only Texas ones.
Deferred adjudication is not a conviction here
§11.002(b) states that a person is not considered to have been finally convicted of an offense for which the criminal proceedings are deferred without an adjudication of guilt. §13.001(c) says the same for registration.
So someone on deferred adjudication community supervision for a felony, right now, mid-supervision, is not disqualified by that case. The right was never removed. This surprises people who assume any felony case on their record puts voting out of reach, and it is worth checking before anyone concludes they cannot vote.
When the right actually returns
| Situation | Eligible to vote? |
|---|---|
| Felony conviction, currently in prison | No |
| Released from prison, still on parole | No. Parole is part of the sentence |
| Felony conviction, still on community supervision | No, until the period of probation is completed |
| Sentence fully discharged, including parole or supervision | Yes, automatically |
| Period of probation completed | Yes, automatically |
| Deferred adjudication, at any stage | Yes. Not a final conviction under §11.002(b) |
| Pardoned, or otherwise released from the disability | Yes, without waiting for discharge |
| Misdemeanor conviction of any class | Yes. Misdemeanors are irrelevant to this |
Nothing in the statute imposes a waiting period after discharge, and nothing requires an application, a hearing or a certificate. The day the sentence is discharged, the disqualification in §11.002(a)(4) stops applying.
Being eligible is not being registered
These are two separate things and the second does not happen by itself. A voter registration that lapsed during a prison term does not revive on discharge. §13.001(a) sets the same conditions for registering as §11.002 does for voting, and §13.001(b) allows an application to be submitted from the age of 17 years and 10 months.
So the sequence is: discharge, then register, then vote. Registering is the step people skip, and it is also the step that creates a paper record of the date, which is useful for the reason set out next.
The sharp edge: voting too early is a second degree felony
Election Code §64.012 makes it an offense to knowingly or intentionally vote or attempt to vote in an election in which the person knows they are not eligible. Under §64.012(b) that is a felony of the second degree, which carries 2 to 20 years in prison and a fine of up to $10,000. An attempt is a state jail felony.
That is the same punishment range as intoxication manslaughter. It is not a technical infraction, and it is why the timing question deserves care rather than an assumption.
Two things limit the statute, and both matter:
- Knowledge is an element, twice over. The person must act knowingly or intentionally and must know they are not eligible. An honest and reasonable belief that the sentence was discharged is not the offense the statute describes. People are routinely told conflicting things by different officials, and that confusion is a fact about the case, not an excuse to be apologized for.
- A provisional ballot affidavit is not enough on its own. §64.012(c) provides that a person may not be convicted solely on the fact that they signed a provisional ballot affidavit under §63.011, unless corroborated by other evidence that the person knowingly committed the offense.
§64.012(d) adds that conduct constituting this offense may also be prosecuted under any other law that it violates, or under both.
How to be certain before you vote
The safe approach is documentary, not conversational. What settles the question is the paperwork showing the sentence ended:
- the order discharging community supervision, or the certificate of discharge from parole or mandatory supervision;
- the judgment, which shows what the sentence was and whether the case was a conviction or a deferred adjudication;
- for a federal sentence, the discharge from supervised release, which is a term of the sentence in the same way parole is.
If those cannot be located, they can be obtained from the clerk of the convicting court or from the supervising agency. Where there is any doubt about the date, that is a question to resolve before an election rather than after one, because the consequence of being wrong is a second degree felony rather than a rejected ballot.
What a felony conviction still restricts
Restoring the vote does not restore everything, and the other consequences run on their own rules:
- Jury service and holding public office are governed separately and are not addressed by §11.002.
- Firearm rights are governed by Penal Code §46.04 and by federal law, which do not track the Election Code at all.
- Travel. Our guide on traveling abroad after a conviction covers passports, probation and foreign entry.
- Background checks continue to show the conviction. Whether a record can be sealed is a different question, covered in expunction and nondisclosure.
Can a felon vote in Texas?
Yes, once the sentence is fully discharged. Election Code §11.002(a)(4) restores qualified voter status to a person with a felony conviction who has fully discharged the sentence, including any term of incarceration, parole or supervision, or completed a period of probation ordered by any court, or who has been pardoned. Restoration is automatic: there is no application, waiting period or fee. The person must still register to vote.
Can you vote in Texas while on parole?
No. §11.002(a)(4)(A) requires the sentence to be fully discharged including any term of incarceration, parole, or supervision. Parole is part of the sentence, so release from prison onto parole does not restore the right. The same applies to community supervision until the period of probation is completed.
Does deferred adjudication stop you voting in Texas?
No. §11.002(b) provides that a person is not considered to have been finally convicted of an offense for which the criminal proceedings are deferred without an adjudication of guilt, and §13.001(c) says the same for registration. A person on deferred adjudication for a felony has not lost the right to vote at any point.
Do I have to apply to get my voting rights back?
No. Texas restores the right by operation of law on discharge of the sentence. There is no restoration petition, hearing, certificate or fee. What you do have to do is register to vote, because a registration that lapsed does not revive on its own, and eligibility and registration are separate questions.
What happens if I vote before my sentence is discharged?
Election Code §64.012 makes it an offense to knowingly or intentionally vote or attempt to vote in an election in which the person knows they are not eligible. It is a second degree felony, 2 to 20 years and a fine of up to $10,000, and a state jail felony for an attempt. Knowledge is an element, and §64.012(c) provides that a person may not be convicted solely on having signed a provisional ballot affidavit without corroborating evidence that they knowingly committed the offense.
Does a misdemeanor affect voting in Texas?
No. §11.002(a)(4) is concerned only with a final felony conviction. Misdemeanor convictions, of any class and any number, do not affect eligibility to vote or to register.
Can a federal felon vote in Texas?
Yes, on the same terms. §11.002(a)(4)(A) refers to a period of probation ordered by any court, and the discharge requirement covers any term of incarceration, parole or supervision. For a federal sentence that includes supervised release, which is part of the sentence in the same way parole is, so the right returns once supervised release has been discharged.
How do I prove my sentence is discharged?
With the paperwork: the order discharging community supervision, the certificate of discharge from parole or mandatory supervision, or, for a federal case, the discharge from supervised release. The judgment also shows whether the case was a conviction or a deferred adjudication. Copies can be obtained from the clerk of the convicting court or the supervising agency, and it is far better to resolve a doubtful date before an election than afterwards.
This page is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free, confidential case review.