If you are a convicted felon, you lose rights from voting to employment, depending on your state of residence. While some of the rights convicted felons lose may be restored over time, some are lost forever. Throughout the United States, some of the general rights convicted felons lose fall into these categories, varying state by state:
- Voting
- Traveling abroad
- The right to bear arms or own guns
- Jury service
- Employment in certain fields
- Public social benefits and housing
- Parental benefits
Let’s take a look at each one of these rights convicted felons lose in more detail.
What Rights Do Felons Lose?
The law restricts the rights of felons to help protect society. Convicted felons are also required to abide by certain regulations like regular drug screenings and sobriety treatment.
Voting Rights for Convicted Felons
Voting rights for convicted felons vary depending on the state of their residence and incarceration. In some states, convicted felons lose the right to vote only while they are incarcerated. Upon release from jail, they are able to vote once again.
In other states, convicted felons do not lose the right to vote at any time, while some states, in the most extreme cases, do not restore a convicted felon’s right to vote unless further action is taken on behalf of the inmate. For instance, the convicted felon can apply for a governor’s pardon or withstand a “waiting period” after they’ve been released. They might have to complete terms of probation or parole, or pay any outstanding fines, as well.
This practice is commonly referred to as “felony disenfranchisement.” To see how felony disenfranchisement works in your state, check out this map from the American Civil Liberties Union.
Traveling Abroad
In the United States, if you are a convicted felon because of a drug-related felony, your passport may be revoked while you are serving out your sentence, including probation or parole.
However, the US is not the only country that implements travel restrictions if you are a convicted felon. Canada, for example, has access to information about convicted criminals in the US through the US National Crime Information Center. So, if you are a convicted felon attempting to travel from the US to Canada, you may receive a background check before crossing the border. This could result in not being allowed to enter the country.
This is not the case for all countries, though. Many places do not have access to the same amount of information as Canada, so convicted felons can usually travel abroad without having any issues.
Firearm Rights
It is possible for a convicted felon to receive firearm rights, though the process of doing so is easier in some states than others. Gun restoration laws often require a convicted felon to apply for felony expungement, petition for restoration of firearm rights, receive a governor’s pardon or receive a federal pardon in order to have the right to purchase a gun again.
Employment Rights
Some of the most important rights that are impacted by a criminal record are employment rights. At the federal level, an employer is not allowed to use a prior conviction as a reason not to hire someone, unless the crime directly relates to the job. These include:
- Public positions and employment with the U.S. Armed Forces
- Law enforcement agencies
- Teachers
- Childcare professionals
- Many other jobs that require a professional license
At the state level, however, employment rights can look a bit different. Private employers are allowed to discriminate based on information gathered from background checks that they may conduct on prospective hires.
Public Social Benefits and Housing
In most states, convicted felons are not allowed to apply for federal or state grants, serve on juries, live in public housing, or receive federal cash assistance, SSI or food stamps, among other benefits.
Child Custody
Depending on the crime, convicted felons don’t necessarily lose all parental rights, unless the person was convicted of a serious offense like murder. However, in situations where the convicted felon was the only parent involved in the child’s life, and the child was put into foster care for an excessive amount of time, the convicted felon may lose parental rights.
Keep in mind that a felony conviction is also a red-flag for judges making custody decisions in divorce cases, and is often cited as justification for awarding custody to the other parent.
Legal Help For Restoring Convicted Felons’ Rights
Most felons’ rights that are lost during incarceration will be automatically restored when they are released from jail. However, if you are unsure what your rights are for your specific state, discuss this with a criminal defense lawyer.
Another common reason convicted felons might need legal assistance is for child custody. If you have been in jail or prison and have lost your parental rights, speak to a child custody attorney to determine what you need to do upon your release.
In addition to all of these lost rights, a felony conviction is a permanent stain on a person’s record. Even if these are not techincially lost rights, he or she may find difficulty getting a lease, applying for a loan, or filing official paperwork in any capacity. To learn more about the rights convicted felons lose, here’s a deeper look at employment rights and firearm rights.