New Laws for Felons in 2025 and 2026, What Changed and What It Means for Felons’ Gun Rights, Voting,Jobs, and Housing

If you have a felony conviction — or someone in your family does — several significant legal changes took effect in 2025 and 2026 that could directly affect your right to vote, own a firearm, get a job, and find housing. Some changes open new doors. Others add new restrictions. This guide explains each one in plain English so you know exactly where things stand today.

The Biggest Change: The Federal Gun Rights Restoration Program

This is the one that most people searching “new law for felons” are actually looking for — and it is real.

In early 2025, President Donald Trump issued an executive order titled “Protecting Second Amendment Rights.” This order directed the Attorney General to review federal actions that might infringe Second Amendment rights and to recommend a plan that strengthens those rights while still taking public safety into account.

That executive order set off a chain of events that revived a program that had been essentially dead for over 30 years.

What Was the Old Rule?

Under federal law, any felony conviction — no matter how old or how minor — automatically bans you from owning a firearm for life. A law technically on the books since the 1960s allowed people to apply to have those rights restored, but Congress blocked the Bureau of Alcohol, Tobacco, Firearms and Explosives from using federal funds to review individual applications in 1992 — and the program sat dormant ever since.

What Changed in 2025?

On March 20, 2025, the U.S. Department of Justice published a rule described as “a first step” toward reviving a long-dormant program for relieving federal firearms restrictions based on criminal record.

Then in July 2025, the DOJ went further. The DOJ issued a proposed rule to build a formal process for people barred from gun ownership under federal law to seek relief. The proposal would allow felons and other prohibited purchasers to apply to the Department for individualized review, including screening, waiting periods, and case-by-case eligibility decisions.

Who Could Qualify?

Absent extraordinary circumstances, violent felons, registered sex offenders, and illegal aliens will remain presumptively ineligible for relief. The program is primarily aimed at people with older, non-violent convictions — drug offenses, property crimes, and white-collar offenses such as fraud, embezzlement, or tax violations.

The rule only allows an application to be submitted 10 years after the completion of a sentence, including time spent on probation or parole. Some convictions, such as those for non-drug-related crimes, would be eligible to file in as soon as five years.

What Is the Current Status?

Under that framework, the DOJ anticipates up to one million applications annually once the system is fully operational. The agency plans to staff as many as 50 full-time employees and create an online portal, charging a modest application fee.

As of April 2026, the final rule and the online application portal are not yet live for the general public. The DOJ has already quietly restored gun rights for a small number of individuals on a case-by-case basis, but the full public program is still being built. Check justice.gov for updates.

Important: Even if the federal program opens, you may still face state-level gun restrictions depending on where you live. Federal restoration does not automatically restore state gun rights. You would need to address both separately.

Voting Rights for Felons: A Patchwork That Keeps Changing

There is no single national rule on felon voting rights. Every state makes its own rules — and several changed theirs in 2025 and 2026.

Here is how the current landscape breaks down:

States where you can vote immediately after release from prison: Maine and Vermont never took the right away in the first place. California, Colorado, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, Oregon, Utah, Washington, and Washington D.C. restore voting rights automatically upon release.

States where you must complete parole and/or probation first: About 21 states require you to finish your full sentence — including any parole or probation — before your right to vote is automatically restored.

States where you must actively apply for restoration: About 10 states require you to petition the governor or a board before your voting rights come back, even after you complete your sentence. These include states like Florida, Alabama, and Mississippi.

States where some felony convictions mean permanent disenfranchisement: A small number of states permanently bar people convicted of certain crimes from voting, regardless of time served.

Related article: California SB 731, Will Your Felony Record Be Automatically Sealed — And Do You Have to Do Anything?

What Changed Recently?

Oklahoma — House Bill 1629 grants convicted felons who have had their sentence discharged, received a pardon, or a commutation the ability to register to vote, effective January 1, 2025.

Virginia — A federal court ruled that Virginia’s current practice of disenfranchising all people with felony convictions violates post-Civil War laws that required former Confederate states to guarantee voting rights. Under current Virginia law, all ex-felons’ voting rights are automatically revoked and formerly incarcerated people must petition the governor to have them restored. That ruling is being appealed, so the situation in Virginia remains unsettled.

Tennessee — The state passed SB407/HB445 in 2025, changing the process for voting rights restoration. If your court order is from after May 2, 2025, you must provide the Administrator of Elections a certified copy of the court order plus a sworn statement 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.

Employment: Fair Chance Hiring Laws Spreading Across the Country

Finding work with a felony record is one of the most common struggles people face after release. Several new laws in 2025 moved to change that.

The basic framework: Most “Ban the Box” and Fair Chance laws require employers to remove questions about criminal history from job applications and delay background checks until after a conditional job offer is made. This means employers must evaluate you as a candidate first — before they know about your record.

What changed in 2025:

Alabama passed SB 138 in 2025, prohibiting automatic denial from occupational licensing boards based on criminal history. This matters enormously for people trying to get licenses in trades like cosmetology, contracting, trucking, healthcare support, and more — fields that previously could reject applicants automatically based on any felony.

Los Angeles passed Ordinance No. 2024-012, restricting background checks until after a conditional job offer is made and compelling employers to justify the decision not to hire someone based on criminal history.

At the federal level, proposals like the Clean Slate Act — which would automatically seal federal records for low-level, nonviolent drug offenses after sentence completion — remain pending in Congress as of April 2026. They have bipartisan support but have not yet passed.

Housing: What Felons Can and Cannot Do in 2025–2026

Housing is one of the most urgent concerns for people coming home after a conviction — and the rules are genuinely confusing because federal rules, state rules, and landlord policies all operate separately.

What the law actually says:

There is no federal law that bars a felon from buying or owning private real estate. The Fifth and Fourteenth Amendments protect the right to own property, including for people with felony records.

Where it gets complicated — public and subsidized housing:

Public housing authorities and Section 8/HUD programs have their own rules, which are stricter than private housing law. People convicted of certain drug offenses, violent crimes, or sex offenses may be barred from federally subsidized housing programs. These restrictions are set by individual housing authorities and vary by location.

Mortgage lending:

Federal law requires that to originate mortgages, a person must not have been convicted of any felony within the preceding seven years, or convicted of financial crimes at any time. However, simply getting a home loan as a borrower — not as a loan officer — does not carry the same automatic federal bar.

What is changing:

More states and cities are limiting landlords’ ability to automatically reject rental applicants based on criminal history alone. Landlords in these jurisdictions must evaluate applicants individually and show a specific, relevant reason for denying someone based on their record. Check your city and state’s specific fair chance housing laws, as this is an area where local policy varies significantly.

Expungement and Record Sealing: New Opportunities in 2025–2026

Expungement means a court order that wipes your criminal record — or seals it so employers, landlords, and the public cannot see it. More states expanded access to this in 2025.

Virginia’s Clean Slate Law is one of the most significant expansions. Virginia’s new sealing law, enacted in phases beginning in 2021 and expanded in 2025, allows specific misdemeanor and low-level felony convictions to be sealed from public view. When the law takes full effect on July 1, 2026, certain non-violent felony convictions — such as drug possession or shoplifting — may be eligible for record sealing after 10 years.

These changes are part of Virginia’s Clean Slate initiative, designed to give individuals with older or minor convictions a greater opportunity to secure housing, employment, and stability.

At the federal level, the Begin Again Act would expunge records related to marijuana possession, and the Clean Slate Act would automatically seal low-level, nonviolent drug offense records. Both bills are pending in Congress as of April 2026.

One important limitation: Even if your record is expunged or sealed at the state level, federal background checks — such as those run for firearms purchases through the NICS system — may still show the conviction. Federal and state expungement are not the same thing.

Key Changes at a Glance

Area	What Changed	Status
Gun Rights (Federal)	DOJ reviving restoration program via Trump Executive Order	Program being built — not yet open to public
Voting (Oklahoma)	HB 1629 restores voting after sentence discharge or pardon	In effect since January 1, 2025
Voting (Virginia)	Federal court ruled blanket felon disenfranchisement may violate Reconstruction-era law	On appeal — outcome TBD
Voting (Tennessee)	New petition process under SB407/HB445	In effect since May 2, 2025
Employment Licensing (Alabama)	SB 138 bars automatic denial of occupational licenses	In effect 2025
Record Sealing (Virginia)	Non-violent felony sealing eligible after 10 years	Full effect July 1, 2026
Federal Clean Slate Act	Auto-sealing of low-level federal drug records	Pending in Congress
Federal Begin Again Act	Expungement of marijuana possession records	Pending in Congress
Supervised Release (Federal)	Courts must now make individualized decisions on supervised release terms	In effect November 1, 2025

Frequently Asked Questions

Can felons vote in the United States? 

It depends entirely on your state. Maine and Vermont never restrict voting, even during incarceration. Most states restore voting rights at some point after release. About 10 states require you to actively petition for restoration. A handful permanently bar certain convictions. Look up your specific state’s rules at ncsl.org or ballotpedia.org.

Can a felon get their gun rights back under the new federal program?

 Potentially yes — but the full public application process is not yet open as of April 2026. The DOJ proposed a rule in 2025 to allow felons to apply for individualized review, with a 10-year waiting period after serious felony convictions and five years for other offenses. Violent felons, sex offenders, and those deemed dangerous remain presumptively ineligible.

Can a felon own a house or property? 

Yes. There is no federal law preventing a felon from purchasing or owning private real estate. However, living in federally subsidized housing — such as Section 8 — is subject to restrictions that vary by housing authority and offense type.

Can a felon get a job?

 Yes, though some careers and licenses remain restricted. Many states now have Ban the Box and Fair Chance laws that require employers to evaluate you before running a background check. Occupational licensing restrictions are also being relaxed in states like Alabama. The specific jobs you can hold depend on your conviction type and your state.

What is expungement and does it clear a federal record?

 Expungement is a court order that seals or erases your criminal record from public view. State expungement clears your state record. It does not automatically clear federal records, which may still appear on federal background checks including firearms purchase checks.

How does the new federal supervised release law change things? 

As of November 1, 2025, courts are now required to make individualized determinations when deciding whether to impose supervised release, the appropriate length of the term, and the specific conditions to apply. These amendments remove the previous default expectation that courts should automatically impose the statutory maximum term for certain offenses. This gives judges more flexibility to tailor supervised release to your actual situation.

Do I need a lawyer to restore my rights?

 Not always, but it helps significantly — especially for gun rights restoration, expungement petitions, and voting rights restoration in states that require you to petition. Many legal aid organizations offer free help for people with low incomes.

Sources & References

• U.S. Department of Justice — Gun Rights Restoration Proposed Rule: justice.gov
• U.S. Sentencing Commission — 2026 Proposed Amendments: ussc.gov

Last Updated: April 13, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws on felony rights restoration vary significantly by state and individual circumstance. For advice about your specific situation, consult a qualified criminal defense or civil rights attorney in your jurisdiction.