Who the courts will not seat on a jury

The courts will excuse you from jury duty if you fall into certain categories set by state law. The most common reasons are not being a citizen, not speaking English well enough to follow testimony, having a felony conviction you have not had restored, or being under 18. Some states also excuse people who are over a certain age (often 70 or 75), though you can usually request to serve anyway. A few states excuse people with significant disabilities or medical conditions that make jury service genuinely impossible.

Beyond these automatic disqualifications, judges can excuse you for hardship — meaning jury service would cause real financial or personal damage — but hardship is not the same as disqualification. A judge has to agree that your situation is serious enough. Being busy at work, having childcare costs, or losing a day's pay are common but usually not enough on their own. Caring for a dependent with no one else available, or facing eviction if you miss work, may be.

The rules vary significantly by state and sometimes by county. A felony conviction that disqualifies you in one state may not in another, and some states have restored rights programs that clear your record. Age cutoffs differ. Always check your state's court website or the summons itself for what applies where you live.

Key Takeaways

  • You cannot serve if you are not a U.S. citizen, are under 18, do not speak English fluently enough to follow a trial, or have an unrestored felony conviction.
  • Some states excuse people over a certain age (usually 70 to 75), but you can often request to serve anyway if you want to.
  • Hardship excusals are separate from disqualifications — a judge decides whether your situation is serious enough, and being busy at work usually is not.
  • Rules differ by state and sometimes by county, so check your summons or your state court's website for what applies to you.

Citizenship and language requirements

You must be a U.S. citizen to serve on a jury. This is a federal requirement that applies in every state. If you are a permanent resident, a visa holder, or not yet a citizen, you will be excused. You will need to tell the court during jury selection (called voir dire) or when you return your summons questionnaire.

You must also be able to understand and speak English well enough to follow testimony, understand jury instructions, and communicate with other jurors. Some courts use interpreters for witnesses, but not for jurors themselves. If English is not your first language and you are not confident you can follow a full trial in English, tell the court when you are summoned. The judge will decide whether to excuse you or allow you to proceed.

Felony convictions and criminal history

In most states, you cannot serve on a jury if you have been convicted of a felony and your rights have not been restored. A felony is a serious crime — usually one punishable by more than one year in prison. Misdemeanors (less serious crimes) do not disqualify you in most places, though some states exclude people convicted of crimes involving dishonesty.

The key word is restored. Many states have processes to restore your rights after you have completed your sentence, probation, or parole. Some do this automatically; others require you to petition the court. If your rights have been restored, you are no longer disqualified. Some states restore rights after a certain number of years have passed. Check your state's court website or contact your county clerk to find out whether your conviction still disqualifies you.

If you have been arrested but not convicted, or if charges were dismissed, you are not disqualified. Only a conviction counts.

Age and residency requirements

You must be at least 18 years old to serve on a jury in every state. You must also be a resident of the state and usually of the county where the court sits — typically for at least one year, though this varies. Some states require only 30 days of residency.

Many states excuse people who are 70, 75, or older, but this is not automatic. You usually have to request the excusal, and the court may ask you to serve anyway if you are willing. A few states have no age limit at all. Check your summons or your state court's website to see what the rule is where you live.

Disability and medical conditions

Courts do not have a blanket rule that disqualifies people with disabilities. Instead, judges consider whether a specific disability makes it impossible for you to serve in a particular case. Deaf jurors can serve with an interpreter. Jurors who use wheelchairs can serve if the courthouse is accessible. Jurors with chronic pain, mental health conditions, or other disabilities can often serve if they can follow the trial and participate in deliberation.

If you have a medical condition or disability that you think will prevent you from serving, tell the court when you are summoned. Bring documentation if you have it — a letter from your doctor, a disability information letter, or medical records. The judge will decide whether to excuse you. Courts are required to make reasonable accommodations under the Americans with Disabilities Act, so they may be able to modify the process rather than excuse you entirely.

Hardship and financial burden

Hardship is not the same as disqualification. You are not automatically excused just because jury duty is inconvenient or costs you money. However, judges can excuse you if serving would cause genuine hardship — meaning real financial or personal damage that you cannot avoid.

Courts take hardship seriously in some cases and dismiss it quickly in others, depending on the judge and the case. Losing a day's wages, having to pay for childcare, or missing work usually is not enough on its own. But caring for a dependent with no one else available, facing eviction if you miss work, or having a medical appointment you cannot reschedule may be. If you think your situation qualifies, explain it clearly on your summons questionnaire or tell the judge during jury selection. Bring documentation if you have it — a letter from your employer about lost wages, a medical appointment notice, or proof of caregiving responsibilities.

Prior jury service and recent summons

Some states excuse you from jury duty for a period of time after you have already served. This varies widely. Some states excuse you for one year; others for two or three years. A few have no waiting period at all. If you served recently, check your state's rules or call your county clerk to see whether you are currently excused.

A few states also excuse you if you have been summoned within the last year or two, even if you did not serve. This is less common. Again, check your state's specific rules.

Frequently Asked Questions

Does having a criminal record automatically disqualify me?

Only a felony conviction disqualifies you, and only if your rights have not been restored. Misdemeanors, arrests without conviction, and dismissed charges do not disqualify you. Many states restore rights automatically or through a petition process after you complete your sentence. Contact your county clerk or check your state court's website to find out whether your conviction still bars you from serving.

Can I be excused because I cannot afford to miss work?

Losing a day's pay is usually not enough to get excused on hardship grounds. However, if missing work would cause you to lose your job, face eviction, or be unable to pay for basic needs, tell the judge. Bring documentation from your employer or proof of your financial situation. The judge decides whether your hardship is serious enough to excuse you.

What if I am over 70 — am I automatically excused?

It depends on your state. Many states excuse people over 70 or 75, but you usually have to request it. Some states have no age limit. Check your summons or your state court's website. If your state does excuse older jurors, you can still volunteer to serve if you want to.

Can I be excused if I do not speak English fluently?

Yes. If you cannot understand testimony and jury instructions in English well enough to follow a trial, tell the court when you are summoned. The judge will decide whether to excuse you. Courts can use interpreters for witnesses, but not usually for jurors, so fluency matters for your own participation.

Do I need to prove I am disqualified, or does the court check?

You are responsible for telling the court if you are disqualified. When you receive a summons, you will usually fill out a questionnaire asking about citizenship, felony convictions, age, and other factors. Answer honestly. If you do not disclose a disqualification and the court finds out later, you could face contempt charges. If you are unsure whether something disqualifies you, call your county clerk or the court listed on your summons.