Can You Still Vote in GA with a Criminal Record?

You may still have the right to vote in upcoming elections, even if you have been charged and convicted of a crime in Georgia.

Over four million Georgians, or roughly 40% of the adult population, have criminal records. These criminal records include everything from minor misdemeanors to serious felonies. Most of these individuals have completed their sentences and now make positive contributions to their communities in many ways. All these individuals usually have questions about their right to vote, especially since the rules vary in different states.

Voting in an upcoming national, state, and/or local election is a vital way to contribute to the community. Every vote counts. The 19th Amendment, which gave women the right to vote, passed by one vote. If you have a criminal record and live in Georgia, even if you have an out-of-state conviction, yours could be the one critical vote that changes everything.

Voting in Georgia With a Criminal Record

The rules in this area vary not only in different states but also according to the facts and circumstances of your conviction. Generally, former offenders have the right to vote in Georgia if:

• You were convicted of a misdemeanor and are currently in jail or subject to community supervision,
• The judge sentenced you to conditional discharge or under the First Offender Act,
• You plead nolo contendere (no contest) to the charge,
• A court declared you guilty of a felony, but you have completed your sentence, and have paid all associated fees, or
• You have been charged with any crime but not convicted of it.

Generally, a criminal conviction only prevents you from voting if you were convicted of a felony involving moral turpitude and have not completed your sentence.

According to the Georgia Supreme Court, all felonies are crimes of moral turpitude.

“Completing your sentence” means finishing all court-imposed requirements, such as paying restitution and performing community service.

Other Voting Requirements

Criminal conviction or not, in order to vote in any Georgia election, individuals must meet the following requirements:

• Not ruled mentally incompetent by a court of law,
• At least 18 and registered to vote (the minimum registration age is 17.5),
• Legal resident of the county, and
• Citizen of the United States.

The registration deadline is twenty-nine days prior to Election Day. U.S. law permits states to periodically purge voter registration lists if a person doesn’t vote in two consecutive general elections.

Contact a Gwinnett County Criminal Defense Attorney

The best way to avoid the voting/criminal record problem is to avoid conviction. For a confidential consultation with an experienced criminal defense lawyer in Norcross, contact Zimmerman & Associates, Attorneys at Law.