Losing your civil rights after a felony conviction can feel like your life can never get truly back on track. In many cases, a conviction can take away your right to vote, hold certain jobs, or even own a firearm. But for many people, the law provides a way to restore these rights and move forward with a clean slate. Understanding the process of rights restoration is the first step toward regaining your voice and your freedom in the community.
Tennessee, in particular, has faced massive changes in rights restoration in 2025 with the passing of SB407/HB445. While it has gotten rid of the “all or nothing” approach to rights restoration, which prevented any citizenship rights from being restored if a court rejected even a single one (except in the case of firearms), the Restoration of Rights Project has said the changes under the new law have made Tennessee “far and away the strictest state in the country in terms of standards and process for regaining rights after conviction” as the petitioning process to depends largely upon obtaining a pardon or expungement.
Below, we take a quick look at how it can be possible to get your rights back post-conviction and an overall look at what steps you would need to take.
Restoring Your Right to Vote
Tennessee’s Constitution states that anyone convicted of an “infamous crime” shall not be permitted the right to vote, which courts have interpreted to mean any felony conviction after 1981. For any felony conviction after 1981, you must petition the court for restoration of voting rights and obtain a court order. To obtain a court order, you must prove to the court that you have either received a pardon for your conviction, been discharged for time served for the maximum sentence imposed for the felony, or been granted a certificate of final discharge.
If your court order is from before SB407/HB445 was enacted, so prior to May 2, 2025, then you must give the Administrator of Elections a certified copy of the court order, who will then send it to the Coordinator of Elections to verify it.
If your court order is from after May 2, 2025, you still must provide the Administrator of Elections a certified copy of the court order, but you must also give a sworn statement stating that you have not been convicted of a disqualifying felony, do not owe restitution or court costs, and are current on all child support obligations, if any. Then the Administrator will send those documents to the Coordinator for verification.
But what is a “disqualifying felony”? If you have been convicted of murder, rape, treason, or voter fraud, you are unable to get suffrage back, even if you are pardoned. Under SB407/HB445, if you have been convicted of certain sexual or public corruption offenses after 2006, you also cannot regain the right to vote.
Restoring Your Right to Possess Firearms
The basic structure of gaining back your right to possess firearms is generally the same process as the one outlined briefly above. Restoring your right to gun ownership, however, carries far more exceptions and specific circumstances than the right to vote.
For those with nonviolent felony convictions, expungement or pardon will likely be the best route to restoring firearm rights, especially for convictions from other states. Even for nonviolent felonies, this could still be dependent on if you have been granted the restoration of your other citizenship rights.
If you have been convicted of a violent crime or drug-trafficking offense, expungement is your path to restoration. This is dependent on many factors – the type of offense, whether your sentence came with a stipulation that you could not regain your right to possess firearms, and whether you have been granted other rights of citizenship. Even if your gun ownership rights have been restored, this may not extend to your right to own a handgun. Under Tennessee law, if you have been convicted of a felonious violent crime, drug offense, or offense involving the use of a deadly weapon, the Department of Safety can still deny you a handgun permit, regardless of whether you have had your firearm rights otherwise reinstated.
Of all the rights that could be restored to you post-conviction, your right to possess a firearm is the most case-specific and can be the most complicated. It is important to consult with a criminal defense attorney to ensure that you are taking the proper legal path for your unique circumstances and to best understand the options available to you.
Restoring Your Ability to Find Employment
For government positions, particularly those with the state, there are certain positions that are considered “covered” and can thus reject you for your criminal history. A “covered position” is a job where the law says the state must run a criminal background check or where certain crimes would legally prevent you from being hired, and such positions must contain a notice that a criminal background check is required.
Outside of those covered positions, a government employer must follow these guidelines:
- The employer shall not inquire about an applicant’s criminal history on the initial application form.
- An employer may inquire about an applicant’s criminal history after the initial screening of applications.
- If an employer inquires about an applicant’s criminal history, the employer shall provide the applicant with an opportunity to provide an explanation of the applicant’s criminal history to the employer.
If you are aiming to get an occupational license, your right to pursue such a license is likely protected under the Fresh Start Act of 2018. You cannot be denied the restoration or issuance of an occupational license covered by the Act based solely on your record, but rather must be considered on an individual basis. This is especially true if your conviction has nothing to do with the activities associated with the license you are trying to obtain. In 2021, the rebuttable presumption that “the prior conviction relates to the fitness of the applicant or licensee” for certain higher-class felonies and felonies that require registration as a sex offender or animal abuser was removed. Additionally, in 2024, a new law requires agencies to be less “vague” in their notices when they deny someone a license.
Getting Your Life Back on Track? Let Us Help
Regaining your civil rights is a powerful step toward reclaiming your future. Whether it’s restoring your right to vote, own firearms, or land your next dream job, our dedicated attorneys can guide you through the process and fight for your second chance. Contact PNC Law today at (615) 785-2000 or philip@tncriminaldefenseattorney.com to start your path toward full restoration of your rights.