Felons And The Law: Breaking Free Or Breaking Laws?

A convicted felon is an individual who has been found guilty of committing a felony and has often already finished serving their prison sentence. A felony is typically a serious, violent crime punishable by over a year in prison. Felony convictions usually stay on an individual's criminal record for much longer than misdemeanour convictions and are more challenging to clear. Convicted felons may have some of their civil rights restricted, including the right to bear arms, voting rights, employment in certain fields, public social benefits, housing, and child custody. These restrictions vary depending on the laws of the state and the nature of the offence. While some rights may be restored over time, others may be lost forever.

Voting rights

In other states, convicted felons do not lose their right to vote at any time. However, some states 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 loss of felons' voting rights is referred to as "felony disenfranchisement". As of April 2023, only nine US states have laws that allow the state to disenfranchise people with felony convictions permanently (though the state may also choose to allow those with felony convictions to vote).

In contrast, 15 states allow re-enfranchisement after prison, parole, and probation are complete, and 23 states re-enfranchise people with felony convictions after the completion of their prison terms. Two states and Washington, D.C., even allow voting from prison, meaning they do not disenfranchise based on conviction.

History of Felony Disenfranchisement in the US

The roots of felony disenfranchisement lie in the punishment of "civil death", imposed for criminal offences under Greek, Roman, Germanic, and Anglo-Saxon law. English law developed the related punishment of attainder, which entailed the forfeiture of property, inability to inherit or devise property, and the loss of all civil rights. These principles were transplanted to the British colonies that later became the US.

When the US was established as an independent country in 1776, the US Constitution gave the states control of suffrage (voting rights). Individual states then began codifying disenfranchisement laws in their constitutions. For example, Kentucky's first constitution (1792) provided the right to vote to all free male citizens, de facto disenfranchising all others including women and enslaved people. Upon revision in 1799, the constitution specifically disenfranchised free "negroes, mulattoes, and Indians." The 1850 revision stipulated that only free white male citizens could vote. Then, in the 1891 revision, people with felony convictions were disenfranchised.

Arguments for and Against Felony Disenfranchisement

Pro

• Contributing to the law-making process is an essential step in a felon's reintegration into society.
• Disenfranchisement is a denial of a right and a form of racial discrimination.
• It's undemocratic to deny the vote to adults who pay taxes, regardless of their past.

Con

• Because of their vicious crimes, disregard for the law, and frequent arrests, felons should lose their say in the law-making process.
• Disenfranchisement reinforces the principle that voting is a right with responsibilities.
• Far from being undemocratic, felony disenfranchisement is supported by the US Constitution.

Employment rights

Felons face significant barriers to employment due to their criminal records, and their employment rights vary depending on the state and federal laws. Here are some key points regarding the employment rights of convicted felons:

Federal Level:

According to the U.S. Equal Employment Opportunity Commission (EEOC), it is a violation of Title VII of the Civil Rights Act of 1964 for employers to routinely deny employment to applicants with criminal conviction records unless the nature of the crime is directly related to the job. For example, a history of child abuse would disqualify someone from working as a kindergarten teacher, and a robbery conviction would likely exclude them from a career in banking.

At the federal level, an employer cannot use a prior conviction as a reason not to hire someone unless the crime is directly relevant to the job. This includes positions in:

• Public sectors and the U.S. Armed Forces
• Law enforcement agencies
• Childcare professions
• Jobs that require a professional license, such as teachers, lawyers, and doctors

State Level:

Some states, like California, have more protections in place, where employers cannot deny employment to convicted felons unless doing so would put the public at risk. In addition, some states require employers to consider factors such as the amount of time that has passed since the conviction and the seriousness of the crime when making hiring decisions.

Pardons and Expungement:

Convicted felons may be able to improve their employment prospects by obtaining a pardon or having their criminal record expunged. Pardons are granted at the state level by the governor, while federal crimes must be pardoned by the president. The process of obtaining a pardon can be lengthy and challenging but may open doors to employment in certain fields.

Additionally, expungement, or the process of sealing or erasing a criminal record, can legally allow individuals to answer "no" to questions about their criminal history on job applications, improving their chances of employment.

Travel and Immigration:

The impact of a felony conviction can extend beyond employment and affect a person's ability to travel or maintain their immigration status. For example, if a U.S. citizen has a drug-related felony conviction, their passport may be revoked during their sentence, including probation or parole.

For non-U.S. citizens, a felony conviction may result in deportation, depending on the type of felony and how recent it is.

Other Considerations:

Convicted felons often face social stigma and discrimination, which can further hinder their employment opportunities. Additionally, they may be required to abide by certain regulations, such as regular drug screenings and sobriety treatment, which can impact their ability to maintain employment.

In conclusion, while there are some legal protections in place to prevent discrimination against convicted felons, they still face significant challenges in finding employment. The nature of their convictions, the relevance to the job, and the varying laws across states all play a role in shaping their employment rights and opportunities.

Right to bear arms

The right to bear arms is enshrined in the Second Amendment of the U.S. Constitution, which guarantees the right of all U.S. citizens to bear arms except in certain circumstances. One of these circumstances is if you are a convicted felon.

Under federal law, convicted felons automatically lose their firearm rights. This decision stems from a 1934 law, which was expanded in 1968 to cover all felonies, not just those involving violence. However, state laws may differ, and some states may offer paths to restoring firearm rights.

The process of restoring firearm rights varies depending on whether the felony was a state or federal offense. If the felony was a state offense, the individual will need to contact the Department of Justice in their state. If it was a federal offense, they will need to file with one of several federal agencies, including the U.S. Attorney General's office and the Bureau of Alcohol, Tobacco, and Firearms.

Some common ways to restore firearm rights include:

• Felony expungement: In some states, individuals can apply to have their criminal records erased, thereby restoring their firearm rights.
• Petition for Restoration of Firearm Rights: In some states, individuals may be eligible to petition for the restoration of their firearm rights, typically if the crime was non-violent.
• Governor's Pardon: Several states will restore firearm rights if the individual receives a pardon from the governor.
• Presidential Pardon: Individuals can also petition for a presidential pardon, which can restore a variety of civil rights, including the right to bear arms.

It is important to note that the restoration of firearm rights for convicted felons is a complex and evolving legal area, and seeking expert legal advice is recommended.

Housing rights

Felons face many challenges when it comes to finding housing. In the US, there are several laws and regulations that restrict the housing rights of felons. These laws vary from state to state, but generally, felons are not allowed to live in public housing or receive federal cash assistance. Additionally, felons may be denied the right to vote, possess firearms, or serve on a jury.

The Impact of a Criminal Record on Housing Rights

Having a criminal record can make it difficult for felons to find housing. Landlords often perform background checks on potential tenants, and if a felon has a record, they may be denied housing. Some landlords may be willing to rent to felons who have completed a rehabilitation program or have a letter of recommendation from a parole officer or social worker. However, this is not always the case, and many felons struggle to find housing.

Fair Housing Laws and Felons

The Fair Housing Act prohibits landlords from discriminating against tenants based on race, color, religion, sex, national origin, disability, or familial status. While this law does not specifically mention criminal records, some states have passed laws that prohibit landlords from denying housing to felons solely based on their criminal record. These laws are known as "fair-chance housing ordinances" and are designed to give felons a second chance at finding housing.

Tips for Felons Seeking Housing

• Dress professionally and maintain a business-like demeanor when communicating with landlords or property managers.
• Contact reentry programs and organizations that can provide resources and support.
• Consider subletting or renting from small-time landlords who may be more flexible with background checks.
• Be honest about your criminal record and provide documentation if necessary.
• Seek legal assistance if you feel your rights have been violated.

Travel rights

Felons' travel rights vary depending on the country they wish to visit and their country of citizenship. Here are some key points regarding travel rights for individuals with felony convictions:

• Passport Eligibility: Felons may face challenges in obtaining or renewing their passports, especially if they are on parole or probation. However, a felony conviction does not automatically disqualify an individual from obtaining a passport. In the US, individuals can apply for a passport even with a pending felony conviction.
• Domestic Travel: Domestic travel for felons is generally permitted. However, certain states in the US impose restrictions on individuals who are on parole or probation, requiring them to obtain approval before leaving their state of residence.
• International Travel: Many countries restrict the entry of individuals with felony convictions. These restrictions are based on public safety concerns, immigration control, and legal obligations. Countries with strict entry policies for felons include Canada, Australia, the United Kingdom, Japan, China, India, and New Zealand. On the other hand, countries in Central and South America, as well as some Caribbean nations like the Dominican Republic, may be more lenient.
• Visa Requirements: Felony convictions can impact the type of visa an individual needs to apply for. Work visas, student visas, and permanent residency options may require background checks, and some countries may deny visa applications based on criminal history.
• Legal Assistance: Consulting with an immigration attorney is highly recommended for individuals with felony convictions who are planning international travel. Legal professionals can provide guidance on navigating complex laws and regulations, obtaining expungements or pardons, and addressing specific country requirements.
• Research and Planning: Felons should thoroughly research the entry requirements and regulations of their intended destination. Understanding these rules beforehand can help prevent unexpected travel disruptions. Resources such as government websites, legal aid organizations, and online forums can provide valuable information.

Frequently asked questions