What Rights Do Convicted Felons Lose?

A felony conviction can have profound and long-lasting effects extending far beyond the sentence. The impact of a felony reaches into nearly every aspect of life, affecting your ability to secure employment, access education, vote, own firearms, and even travel. The label of “felon” can create barriers that feel insurmountable, with fundamental rights and privileges either restricted or lost entirely. 

While some rights may be restored over time through legal proceedings, the social and financial consequences of a felony can persist for years, making it difficult to reintegrate fully into society. Understanding the depth of these challenges is critical for navigating life after a conviction and seeking out opportunities for rehabilitation and growth. 

what can a Felon not do?

Some of the key areas where a felony conviction can affect an individual’s rights and opportunities include:

1. Voting Rights
2. Gun Ownership
3. Employment Opportunities 
4. Professional Licenses
5. Jury Duty
6. Public Office
7. Travel Restrictions
8. Housing Restrictions
9. Adoption and Child Custody
10. Education and Financial Aid

1. Voting Rights

In many states, felons lose their right to vote, either temporarily or permanently. Some states restore voting rights automatically after the sentence, including parole and probation, is completed, while others may require additional steps like petitioning. In states like Maine and Vermont, felons can vote even while incarcerated.

2. Gun Ownership

In the United States, felons are generally prohibited from possessing or purchasing firearms under federal law. The Gun Control Act of 1968 and the National Firearms Act of 1934 prohibit individuals with felony convictions from:

1. Owning or possessing firearms
2. Receiving or transporting firearms
3. Purchasing or attempting to purchase firearms

However, some states may have slightly different laws or restoration processes that allow certain felons to regain their firearm rights under specific circumstances, such as:

• Expungement or pardon
• Completion of sentence, including probation or parole
• Restoration of civil rights

It’s important to note that firearm laws can vary significantly by state, and individual circumstances can affect a felon’s ability to possess or purchase firearms.

3. Employment Opportunities

Individuals with felony convictions often face significant barriers when seeking employment. Many employers conduct background checks, and a felony conviction can lead to:

1. Application rejection
2. Limited job opportunities
3. Restricted access to certain industries (e.g., healthcare, education, government)
4. Difficulty obtaining professional licenses or certifications
5. Lower pay and fewer benefits
6. Limited career advancement opportunities

However, there are also:

• Felon-friendly employers and industries (e.g., construction, food service, tech)
• Job training and placement programs for ex-offenders
• Ban-the-box initiatives, which delay or remove criminal history questions from job applications
• Certificates of rehabilitation or expungement, which can help clear records

It’s important to note that employment opportunities can vary widely depending on the individual’s skills, the nature of the felony, and local laws and regulations.

4. Professional Licenses

In the United States, felons may face challenges obtaining professional licenses, but it’s not an absolute barrier. The ability to obtain a professional license with a felony conviction varies by:

1. State laws and regulations
2. Type of felony conviction
3. Type of professional license
4. Individual circumstances

Some licenses may be denied or restricted due to felony convictions, while others may require additional requirements or certifications. Commonly affected licenses include:

• Medical professionals (doctors, nurses, etc.)
• Legal professionals (lawyers, paralegals, etc.)
• Teaching and Education
• Accounting and finance
• Real estate
• Insurance
• Law enforcement and corrections

However, some states offer alternatives, such as:

1. Conditional licenses
2. Restricted licenses
3. Probationary licenses
4. Expungement or pardon, which may restore licensing eligibility

It’s essential to note that licensing boards and authorities consider individual circumstances and a felony conviction does not automatically disqualify someone from obtaining a professional license.

5. Jury Duty

In the United States, felons are generally disqualified from jury service, but the specifics vary by state. Typically:

• Felons on probation or parole are ineligible
• Felons who have completed their sentence, including probation or parole, may be eligible in some states
• Felons who have had their rights restored through expungement, pardon, or other legal means may be eligible

Federal law (18 U.S.C. § 3579) prohibits individuals convicted of federal felonies from serving on federal juries. However, state laws govern state courts, and some states allow felons to serve on juries after completing their sentence or having their rights restored.

Some states with more restrictive laws include:

1. Alabama
2. Delaware
3. Georgia
4. Mississippi
5. Nevada
6. Oklahoma
7. South Carolina
8. Wyoming

Other states have more permissive laws or allow felons to serve on juries after a certain period or under specific circumstances. It’s essential to note that jury eligibility varies widely by state and individual circumstances.

6. Public Office

In the United States, felons may face restrictions when it comes to holding public office. While a felony conviction doesn’t automatically preclude someone from holding public office, it can impact their eligibility and electability.

Federal Offices:

• Felons are generally barred from holding federal office if they have been convicted of a felony that involves dishonesty or breach of trust.
• However, this restriction can be waived by the President or through a congressional waiver.

State and Local Offices:

• State laws vary regarding felons holding public office.
• Some states have specific laws prohibiting felons from holding certain offices.
• Others may allow felons to hold office after completing their sentence, probation, or parole.

Notable exceptions:

1. Some states allow felons to hold office if they have completed their sentence and have had their rights restored.
2. A few states have no restrictions on felons holding public office.

Examples of felons who have held public office:

• Former President Richard Nixon’s advisor, Charles Colson, served time for felony charges related to the Watergate scandal and later became a prominent evangelical leader.
• Former Governor of Louisiana, Edwin Edwards, served time for extortion and racketeering but was later elected to office again.

7. Travel Restrictions

Felons may face difficulties traveling internationally. While a felony conviction doesn’t necessarily prevent international travel, it can lead to:

• Visa denial or restrictions
• Border crossing issues
• Travel bans or restrictions to certain countries
• Additional screening or questioning by immigration authorities

Countries with strict policies include:

1. Canada (felons may be inadmissible)
2. Australia (felons may need to apply for a visa or electronic travel authority)
3. New Zealand (felons may need to apply for a visa or electronic travel authority)
4. United Kingdom (felons may face additional scrutiny or visa requirements)
5. European Union countries (felons may face Schengen Area travel restrictions)

However, some countries have more relaxed policies or allow felons to travel with:

• Advance permission or waivers
• Special documentation or certificates
• Completion of sentence and rehabilitation programs

It’s essential for felons to research their destination country’s policies and consult with the embassy or consulate before traveling internationally. Additionally, some countries may allow felons to travel with a pardon or expungement.

8. Housing Restrictions

Felons may face challenges in securing housing, particularly in public housing. The U.S. Department of Housing and Urban Development (HUD) allows public housing authorities to deny housing to individuals with certain criminal records, including drug-related or violent felonies.

felons may face housing restrictions in the USA. Felony convictions can lead to:

1. Public housing restrictions (e.g., Section 8 housing)
2. Private landlord restrictions (e.g., rental application denials)
3. Homeownership challenges (e.g., mortgage loan denials)
4. Residential zoning restrictions (e.g., exclusion from certain neighborhoods)
5. Probation or parole conditions (e.g., restricted geographic areas)

Federal, state, and local laws, as well as individual circumstances, influence housing restrictions. Some common restrictions include:

• Sex offender registration laws
• Drug-related convictions
• Violent crime convictions
• Gang-related convictions
• Probation or parole conditions

However, some resources are available to help felons find housing:

1. Reentry programs
2. Halfway houses
3. Transitional housing
4. Felon-friendly landlords
5. Housing assistance programs (e.g., HUD’s Second Chance Homes)

It’s important to note that housing restrictions can vary widely depending on the individual’s circumstances and location.

9. Adoption and Child Custody

Felony convictions, especially those related to violence or sexual offenses, can impact an individual’s ability to adopt children or gain custody. Courts typically consider a person’s criminal record when determining parental fitness.

10. Education and Financial Aid

Felons may face challenges when pursuing education and financial aid in the USA. While a felony conviction doesn’t automatically disqualify someone from receiving education and financial aid, it can impact the process and availability of certain resources.

Education:

• Felons may face barriers when applying to certain colleges or universities.
• Some institutions may have specific policies or restrictions for felons.
• However, many colleges and universities welcome students with felony convictions.

Financial Aid:

• Felons may be eligible for federal student aid (FSA) if they have completed their sentence and are no longer incarcerated.
• However, felons may be ineligible for FSA if they have been convicted of a drug offense or certain other crimes.
• Some states have their financial aid programs for felons.

Available resources:

1. Pell Grants
2. Federal Supplemental Educational Opportunity Grants (FSEOG)
3. Federal Work-Study (FWS) programs
4. Scholarships and private grants
5. Vocational training and certification programs

It’s important to note that eligibility and availability of education and financial aid resources may vary depending on individual circumstances, the type of felony conviction, and state or institutional policies. Felons should research and consult with educational institutions, financial aid offices, and legal aid organizations for guidance.

These restrictions can vary widely depending on the jurisdiction, the nature of the crime, and efforts made by the individual (such as expungement or pardon) to restore their rights. Many of these barriers can be navigated with the right legal guidance or rehabilitation efforts.