A misdemeanor PFMA conviction does not take away your right to vote or your eligibility for jury service in Montana. A felony conviction suspends the vote only while you are serving a sentence in a penal institution, and Montana's Constitution restores full rights when state supervision ends. Firearm rights are the major exception and follow different laws. This page is part of our Montana Domestic Violence Guide.
Montana's Starting Point: Rights Are Kept
The general rule is in MCA § 46-18-801(1): "Conviction of an offense does not deprive the offender of a civil or constitutional right, except as provided in the Montana constitution or as specifically enumerated by the sentencing judge as a necessary condition of the sentence directed toward the objectives of rehabilitation and the protection of society."
So there are two sources of any loss of rights: the Constitution itself, and specific conditions a judge writes into a sentence. Conditions of probation, such as no contact terms or restrictions on alcohol or weapons, fall in the second group. See PFMA probation conditions.
At a Glance
| Right | Misdemeanor | Felony | Source |
|---|---|---|---|
| Voting | Not affected | Lost only while serving a sentence for a felony in a penal institution | Mont. Const. art. IV, § 2; MCA § 13-1-111(2) |
| Jury service | Not affected by the statute | A person convicted of any felony is not competent to act as a juror | MCA § 3-15-303(2) |
| Other civil rights | Kept, except as the sentencing judge specifically orders | Restored when the sentence expires or state supervision ends | MCA § 46-18-801; Mont. Const. art. II, § 28(2) |
| Firearms | Separate federal rules can apply even to a misdemeanor | Separate federal and state rules | See the firearm pages in this guide |
Voting
The Montana Constitution defines a qualified elector as any U.S. citizen 18 or older who meets the registration and residence requirements, "unless he is serving a sentence for a felony in a penal institution or is of unsound mind, as determined by a court" (art. IV, § 2). The election code repeats it: "A person convicted of a felony does not have the right to vote while the person is serving a sentence in a penal institution" (MCA § 13-1-111(2)).
Read closely, the restriction has three parts: a felony, a sentence being served, and a penal institution. A person held in jail before trial has not been convicted. A person serving a misdemeanor sentence has not been convicted of a felony. A person on probation or parole is not in a penal institution. On the text of the statute, none of them loses the right to vote, although voting from a jail involves practical steps such as an absentee ballot. A person also does not lose their voting residence as a result of being confined in a prison (MCA § 13-1-112(2)).
Jury Service
A person is competent to serve as a juror if they are 18 or older, a resident for at least 30 days of the state and of the city, town, or county, and a U.S. citizen (MCA § 3-15-301). A person is not competent if they have "been convicted of malfeasance in office or any felony or other high crime" (MCA § 3-15-303(2)).
A misdemeanor PFMA is not within that language. For a felony, the juror statute contains no end date, while the Constitution and MCA § 46-18-801(2) restore all civil rights when the sentence expires. This page does not resolve how those provisions apply to a particular summons. If you have a felony conviction and receive a jury questionnaire, answer it truthfully and let the court decide.
When a PFMA Is a Felony
Montana defines a felony by the sentence, not by the name of the crime: "an offense in which the sentence imposed upon conviction is death or imprisonment in a state prison for a term exceeding 1 year" (MCA § 45-2-101). A first or second PFMA carries a maximum of 1 year in county jail and is a misdemeanor. A third or subsequent PFMA carries 30 days to 5 years, served in the county jail if the term is 1 year or less and in the state prison if it is more (MCA § 45-5-206(3)(a)(iv)).
Strangulation of a partner or family member, aggravated assault, and assault with a weapon carry state prison terms of up to 5, 20, and 20 years (MCA §§ 45-5-215(2), 45-5-202(2), 45-5-213(2)). Our page is PFMA a felony covers the line in detail, and felony PFMA, third offense covers the penalties.
Restoration When the Sentence Ends
Two provisions restore rights. The Constitution: "Full rights are restored by termination of state supervision for any offense against the state" (art. II, § 28(2)). And the statute: if a person has been deprived of a civil or constitutional right by reason of conviction and "the person's sentence has expired or the person has been pardoned, the person is restored to all civil rights and full citizenship, the same as if the conviction had not occurred" (MCA § 46-18-801(2)).
Restoration is automatic under these provisions. It happens when supervision ends, which is one reason some people ask about early termination of probation.
What These Rules Do Not Cover
- Firearms. Federal law restricts firearm possession after a felony and after a misdemeanor crime of domestic violence, under its own definitions. The Ninth Circuit held in United States v. DeFrance, 124 F.4th 814 (9th Cir. 2024), that the bodily injury form of Montana PFMA, MCA § 45-5-206(1)(a), does not meet the misdemeanor definition, and it did not decide the other subsections (see does a Montana PFMA count under federal law). See the federal Lautenberg ban and felony convictions and firearms in Montana.
- Registration. A duty to register as a violent offender runs on its own 10-year clock. See the violent offender registry and PFMA.
- The record. Restoration of rights does not erase the conviction from public records. See how long a PFMA stays on your record.
- Federal and out-of-state rules. Federal jury service, other states' voting laws, and immigration status are governed by other law.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.