Do Convicted Felons Reoffend? A Study On Recidivism Rates

A convicted felon is an individual who has been found guilty of committing a felony. While some felons are sentenced to prison, others are placed on probation or community supervision. Felony convictions typically remain on an individual's criminal record for a long time and are challenging to clear. They often face difficulties when reintegrating into society, such as finding employment and housing. In addition to losing certain rights and facing restrictions, convicted felons may also be subject to conditions like regular drug screenings and sobriety treatment. The question remains: do they still break the law after serving their sentence?

Voting rights

In other states, convicted felons do not lose the right to vote at any time, while some states do not restore a convicted felon's right to vote unless further action is taken on behalf of the inmate. For example, in some states, the convicted felon can apply for a governor's pardon or withstand a "waiting period" after their release. They might also have to complete terms of probation or parole, or pay any outstanding fines.

As of October 2024, people convicted of a felony in Maine, Vermont, and Washington, D.C. retained the right to vote while incarcerated. In 38 other states, convicted felons could not vote while incarcerated but automatically regained the right to vote upon their release or at some point thereafter. Ten states did not automatically restore voting rights for convicted felons.

Generally, governors across the United States may exercise the executive authority to restore voting rights by pardon on an individual basis. However, some states, such as California, have passed ballot measures to restore voting rights to convicted felons.

The restoration of voting rights to convicted felons is a subject of debate. Some argue that it is an important step toward reintegrating people who have paid their debt back to society, especially in the context of reducing the impact of past systemic racism in the justice system. Others argue that convicted felons have committed serious crimes and are deemed dishonest and disreputable, thus undeserving of the right to vote.

Employment

Convicted felons often face challenges in finding employment, as their criminal records may raise concerns among potential employers. However, securing a job is crucial for their successful reintegration into society. In the US, the right to employment after a felony conviction varies depending on the state of residence. While some states may impose restrictions on certain fields, others may consider the nature of the crime and its relevance to the job.

Federal Level

At the federal level, there are laws prohibiting certain individuals with criminal records from specific types of employment. For example, those convicted of treason face a lifelong ban on federal employment, while other laws may prohibit federal employment for a specified number of years. Additionally, the Bond Amendment imposes restrictions on national security positions, and individuals with misdemeanor domestic violence convictions are prohibited from jobs involving firearms or ammunition.

State Level

At the state level, employers have more discretion when considering an applicant's criminal history. While they are allowed to conduct background checks and choose not to hire felons, it is not a requirement to discriminate based on criminal records.

Job Opportunities

Despite the challenges, there are various job opportunities available for convicted felons. Some positions may require additional training or qualifications, such as a bachelor's degree or an associate degree. Here are some occupations that convicted felons can explore:

• Mobile App Developer
• Sales Representative for Wholesale Products
• Web Designer or Developer
• Film or Video Editor
• Writer
• Marketing Manager
• Computer Network Systems Administrator
• Mechanical Engineering Technician
• Electrician
• Plumber
• Wind Turbine Technician
• Commercial Diver
• Oil and Gas Rotary Drill Operator
• Graphic Designer
• HVAC/R Technician
• Carpenter
• Oil and Gas Derrick Operator
• Substance Abuse Counselor
• Commercial Truck Driver
• Solar Energy Technician
• Welder
• Auto Mechanic
• Painter
• Construction Laborer
• Helper to Extraction Workers
• Auto Glass Installer or Repairer
• Delivery Driver
• Shipping and Receiving Clerk
• Helper to Construction Tradespeople
• Barber
• Landscaping Worker
• Dog Trainer
• Culinary Industry Worker
• Stock Clerk or Order Filler

Job Programs and Initiatives

To assist convicted felons in finding employment, several job programs and initiatives exist:

• Work Opportunity Tax Credit (WOTC): A federal program offering tax credits to employers who hire previously incarcerated individuals.
• Federal Bonding Program: This program provides insurance to employers, covering potential risks associated with hiring individuals with criminal records.
• Felony Record Hub: A free website offering comprehensive resources for individuals recently released from prison, including job and housing information, legal rights, and community connections.
• Ban the Box: A movement advocating for the removal of criminal record questions on job applications, giving ex-offenders a chance to showcase their skills without automatic disqualification.
• Fair Chance Business Pledge: A call to action urging employers to consider applicants' skills regardless of their criminal records and to commit to fair chance hiring practices.

Government Jobs

Convicted felons can also pursue government jobs at the federal and state levels. While certain positions may be restricted due to specific statutes or laws, many opportunities are available, and individuals are evaluated on a case-by-case basis.

Tips for Job Search

Finding employment as a convicted felon can be challenging, but persistence and strategic approaches can increase the chances of success. Here are some tips for convicted felons seeking employment:

• Remind yourself of your worth and believe in second chances.
• Understand potential employers' perceptions and work to overcome any negative stereotypes.
• Establish a professional image and maintain a successful appearance.
• Research your options and identify careers that align with your skills and interests.
• Consider acquiring additional training or qualifications to enhance your employability.
• Volunteer to gain valuable experience and build strong references.
• Be strategic in your job search, considering positions with less customer interaction and smaller businesses that may be more open to hiring ex-offenders.
• Stay optimistic and persistent in your job search, focusing on your growth and the lessons learned from your experiences.

Travel restrictions

A felony conviction can impact your ability to travel to certain foreign countries. While some countries have strict immigration laws covering the admissibility of travellers with criminal records, others are more lenient. Here are some key points to consider:

• Court-imposed restrictions: If a judge has ordered you to stay away from a particular person or place, that order will be on your criminal record. This may include travel restrictions for a specified period after your release to ensure you do not approach the victim.
• Government-imposed restrictions: Federal or state governments may impose travel restrictions on paroled felons, such as prohibiting them from crossing state lines while on probation or parole.
• Passport and visa restrictions: If you are a US citizen, you can apply for a passport even with a felony conviction. However, your ability to obtain a visa may be impacted, depending on the country you wish to visit and the nature of your conviction. If you are not a US citizen, you may need to show that your conviction was overturned or vacated before applying for an international travel document.
• Country-specific restrictions: The admissibility of travellers with criminal records varies by country. Canada, for example, considers individuals with indictable offences (similar to felonies in the US) as "inadmissible" under its immigration law. On the other hand, Mexico's immigration laws are more lenient, and a felony conviction may not necessarily prohibit entry. Other countries, like Japan, may deny entry to individuals with sentences longer than a year or convictions related to drug offences. New Zealand is known for its strict border control and may deny entry to individuals with criminal records or suspected of having "criminal tendencies".
• Schengen region: The Schengen region, which includes countries like France, does not include questions about criminal convictions on visa applications. However, additional clarity about an applicant's past and present may be required for efficient entry.
• Seeking legal advice: If you have a criminal record and plan to travel internationally, it is essential to seek legal advice beforehand. Certain convictions, such as crimes involving moral turpitude (CIMTs), may require special permission from the Secretary of Homeland Security before leaving the country. An immigration attorney can provide professional legal advice on travel restrictions and their implications.

Child custody

In the US, convicted felons lose rights from voting to employment, depending on their state of residence. While some of the rights convicted felons lose may be restored over time, some are lost forever.

When it comes to child custody, a parent's criminal record can affect the outcome of a custody case. Judges have a mandate to prioritise the best interests of the child, and while it is generally accepted that children benefit from having both parents in their lives, the nature of the crime committed will be taken into account. If the crime does not indicate behaviour that would endanger the child, such as a theft with no subsequent offences, it may not significantly impact the custody arrangement. However, a history of assault or any form of child abuse will undoubtedly affect the judge's decision.

The type of custody will also be a factor. "Legal custody" refers to a parent's right to participate in making decisions regarding the child's upbringing, such as education, religion, and non-emergency medical issues. "Physical custody" refers to where the child lives. Legal and physical custody can be joint or sole. In cases of joint physical custody, the child resides with each parent for certain periods, whereas sole physical custody means the child lives exclusively with one parent, and the other typically has visitation rights.

If a parent's criminal history leads a court to believe that the child's welfare could be endangered, supervised visitation may be ordered. This means that the parent can only see the child in the presence of a third party, which could be a friend or family member if the risk to the child is minimal, or trained personnel in a state-approved facility if there is a higher chance of harm.

Custody cases are complex, emotionally taxing, and expensive due to attorney's fees. Mediation is often the first step in attempting to resolve custody disputes, where a trained mediator guides the parents towards settling their differences amicably. If mediation fails, the court will order a custody investigation, and an investigator will look into each parent's history, employment, living conditions, and interview family members and others involved in the child's life. The investigator's recommendations often prompt the parents to settle the dispute, but if not, the matter will go to trial.

Public social benefits

In the United States, convicted felons are blocked from accessing certain public social benefits. This includes being unable to apply for federal or state grants, live in public housing, or receive federal cash assistance, SSI, or food stamps. These restrictions are in addition to limitations on their parental rights, their right to bear arms, their voting rights, and their ability to travel abroad.

The specific public social benefits that convicted felons are unable to access vary depending on their state of residence. For example, in some states, convicted felons lose their rights to vote temporarily while serving their sentence, while in other states, they do not lose this right at all. The restoration of voting rights for convicted felons can also vary by state, with some imposing a "waiting period" after release, and others requiring further action such as a governor's pardon.

The right to bear arms is also impacted by a felony conviction, as most states prohibit the sale of firearms to individuals with a criminal record. However, laws regarding firearm ownership for convicted felons vary from state to state.

In terms of housing, convicted felons may find it challenging to secure rental apartments or live in public housing. This can be a significant barrier to reintegration, as stable housing is crucial for individuals attempting to rebuild their lives after incarceration.

Additionally, convicted felons may face restrictions on their ability to receive certain benefits, such as federal cash assistance, Supplemental Security Income (SSI), and food stamps. These limitations can create financial challenges and impact their ability to access essential resources.

Overall, the loss of public social benefits for convicted felons can have significant implications for their reintegration into society and their ability to access essential resources and opportunities.

Frequently asked questions