What Can a Felon Not Do?

Navigating life with a felony conviction can bring about significant limitations on certain rights and opportunities. A convicted felon may face restrictions on voting, firearm ownership, and traveling abroad.
Convicted felons often experience challenges in the workforce. Certain professions, especially those involving law enforcement, working with children, or security, may be off-limits. Additionally, some states impose restrictions on holding certain types of licenses. Understanding these barriers is crucial for a felon’s successful reintegration into society.
People with a criminal record might find variations in rights and restrictions based on their location. Some states have stricter rules than others, impacting how a felon can reclaim their rights. Knowing where these disparities exist not only helps in planning but also empowers individuals to seek appropriate legal counsel to possibly regain some of their lost privileges. A criminal defense attorney from The Law Office of Trevor Hill can help explain what privileges you face losing if convicted of a felony you are accused of.
Legal Consequences of Felony Convictions in the United States
A felony conviction can lead to significant restrictions on civil liberties and rights. Both federal and state laws play a crucial role in defining these limitations, which can mean felons lose voting rights, employment opportunities, and more.
Impacts on Civil Liberties and Rights
Felony convictions often lead to the loss of various civil liberties. Individuals may lose their right to vote, with reinstatement of this right varying by state. Some states automatically restore voting rights post-sentence, while others may permanently disenfranchise felons.
Convicted felons are also restricted from gun ownership. Federal law prohibits felons from possessing firearms, although some states offer restoration processes after specific conditions are met.
They might also be barred from serving on juries, as this is not considered a fundamental right protected by the U.S. Constitution.
Specific Federal and State Law Implications
Under federal law, felons often face restrictions related to employment, particularly in sectors requiring security clearances. Many states impose additional limitations on obtaining professional licenses in fields such as healthcare or law.
In Arizona, specific laws may require registration on the sex offender registry, impacting housing and employment.
Additionally, felons may face restrictions concerning public social benefits and may be prohibited from participating in programs such as housing assistance or food stamps in several states. These restrictions depend on the nature of the conviction and local laws.
Voting and Gun Ownership Rights
Felons face significant restrictions in both voting and gun ownership rights. While some states restore these rights, the process varies greatly depending on the jurisdiction and the nature of the felony.
Understanding Restoration of Voting Rights
Voting rights for felons vary widely between states. In some states, felons automatically regain their right to vote upon completion of their sentence, including probation or parole. Others require felons to complete additional steps, like a specific application process.
Maine and Vermont allow felons to vote even while incarcerated. In contrast, Florida, after passing a 2018 referendum, restores voting rights once felons complete their sentence, excluding those convicted of murder or sexual offenses. Here in Arizona, individuals convicted of a felony have their right to vote suspended. However, this right can be restored under certain conditions. For a first-time felony offender, the right to vote is automatically restored upon completion of their sentence, including probation and payment of any fines or restitution. For those with multiple felony convictions, they must apply to the court to have their voting rights restored after completing their sentence. Additionally, if someone has only served probation for multiple felony convictions, they do not have to wait two years to apply for their voting rights to be restored. Understanding these state-specific differences is crucial for felons seeking to regain their voting rights.
Firearm Rights Limitations and Reinstatement
Gun ownership prohibitions for felons are primarily governed by federal law. Federal law prohibits felons from owning or possessing firearms. Some states may offer pathways to restore these rights.
Certain convictions, such as non-violent felonies, may allow for reinstatement. For example, Minnesota allows felons to regain gun ownership rights if they meet specific criteria. Factors affecting reinstatement include the nature of the felony and the time elapsed since completion of the sentence. Legal means, such as a pardon, expungement, or set-aside convictions, may also reinstate firearm rights.
Here in Arizona, individuals convicted of a felony are generally prohibited from possessing firearms. However, there are pathways for restoring firearm rights. For first-time felony offenders, firearm rights may be automatically restored upon completion of probation or absolute discharge. For those with multiple felony convictions, they must apply to the court for restoration of their firearm rights, which is not guaranteed and is subject to the court’s discretion.
Challenges and Restrictions in Employment
Felons often encounter significant hurdles when seeking employment. These challenges include obtaining necessary professional licenses and facing criminal background checks that limit opportunities in various fields.
Professional Licensing and Employment
A major barrier for felons is acquiring a professional license. Many occupations require licenses, such as nursing, law, and teaching. Felony convictions can lead to automatic denial in these fields. Licensing boards often scrutinize applicants’ criminal records, raising questions about their suitability for trust-based roles.
In some cases, felons might need to appeal for a license or demonstrate rehabilitation since their conviction. The process varies across states and professions, adding complexity and unpredictability to employment prospects. Despite these hurdles, some licensed professions offer pathways for individuals with criminal histories, though success often depends on the nature of the offense and the individual’s ability to demonstrate rehabilitation.
Background Checks and Legal Limitations
Criminal background checks are standard practice in many hiring processes. Employers often rely on these checks to assess candidates’ suitability for a role. For felons, this practice can pose significant barriers, as many job applications are automatically rejected due to criminal records.
Federal and state laws, like the Civil Rights Act, influence how background checks can be used in hiring. However, discrimination against felons can still occur, complicating their job search. Felons must often advocate for themselves by highlighting their rehabilitation and skills. Certain industries are more open to hiring individuals with criminal records, offering a glimmer of opportunity.
Access to Public Benefits and Housing
Felons often encounter significant barriers when attempting to access public benefits and housing. Eligibility criteria can be strict, affecting various federal assistance programs and public housing options.
Eligibility for Federal Assistance and Benefits
Felons frequently face restrictions on federal assistance programs. Eligibility for benefits such as Supplemental Nutrition Assistance Program (SNAP), or food stamps, and Temporary Assistance for Needy Families (TANF) can be limited. In many cases, individuals with felony drug convictions encounter the severest restrictions. States have the discretion to modify these federal limitations, with some opting to enforce lifetime bans, while others may allow for eligibility after meeting certain conditions or time periods.
Public social benefits also include restrictions on Supplemental Security Income (SSI). Convicted felons are generally ineligible for SSI payments while incarcerated. The complexities of this system mean that felons must navigate a web of federal and state regulations that determine their eligibility for critical support programs, impacting their reintegration into society.
Public Housing Considerations
Eligibility for public housing is influenced by both federal and local guidelines, imposing restrictions that complicate access for felons. The criteria for Section 8 housing assistance often include disqualification for various felony convictions. While federal rules establish broad guidelines, local Public Housing Authorities (PHAs) have the authority to impose additional restrictions.
Specific offenses, such as those related to drug manufacturing or violent crimes, frequently lead to ineligibility. The process for determining public housing eligibility involves comprehensive background checks. Due to these challenges, felons often face difficulties in securing stable housing, which is a crucial factor in reducing recidivism and supporting successful reentry into the community.
Travel Restrictions and International Concerns
Felons may face considerable challenges when traveling internationally. Many countries impose restrictions, often due to concerns about past criminal records. Canada, for example, considers individuals with felony convictions inadmissible and likely to be denied entry. In contrast, some regions within the Schengen Area permit travel with fewer restrictions if the stay is shorter than 90 days.
It’s important for felons to be aware of passport restrictions. In general, while obtaining a U.S. passport is possible, certain offenses, such as drug-related felonies, can disqualify an individual from receiving one. Legal barriers may prevent obtaining a passport altogether.
A critical aspect of travel preparation involves understanding visa requirements. Depending on the destination, felons may face additional scrutiny during the visa application process. Some countries may require disclosure of criminal history and impose more rigorous checks, affecting the approval process.
Countries like Australia and New Zealand often conduct background checks as part of their visa application process, potentially denying entry to those with criminal records. Legal documentation and preparatory steps are crucial for navigating these restrictions efficiently.
Felons should also consider seeking legal assistance to clarify specific travel barriers. This can help them understand their eligibility and required documentation when planning international trips. Being well-informed and prepared can facilitate smoother travel experiences despite the various restrictions they may encounter.
Contact Us to Learn More About Felons Rights
If you’ve been arrested for a felony or are seeking to restore your rights after a conviction, don’t navigate this challenging journey alone. The experienced legal team at The Law Office of Trevor Hill is dedicated to fighting for your freedom and helping you reclaim your rights. We understand the complexities of the legal system and are committed to providing the support and expertise you need. Contact us today to discuss your case and take the first step towards a brighter future. Let us help you fight your felony arrest and work towards restoring your rights.