Being felons can cause them to lose their rights for doing certain things. For example, before they become felons, they are still able to go abroad, but after they become felons, they may not be able to do that or there will be some restrictions. So, felons need to know what things that they can do and cannot do. These things must be their concern because if they break it, they may get the consequences.
The rules about the things that cannot be done by felons depend on the state. Each state may have different rules about it. Nevertheless, in general, here are a number of things that felons cannot do.
Things Felons Cannot Do
There are a number of things that felons cannot do and here are some of them in general.
1. Working in Certain Companies
Some companies do not accept felons. They are afraid that what felons did in the past can be done again in their workplace. They have trust issues to felons and they doubt felons’ liability. And of course, another reason is that the companies want to protect their employees and clients to make sure that their workplace is safe for everyone. However, there are some efforts to overcome this through some programs. One of the programs is the Federal Bonding Program. Thi program provides insurance to employers against potential losses caused by dishonesty of their employees.
At the state level, it is allowed for employers to consider the criminal history of felons and they can decide whether they want to hire them or not. So, a number of companies usually conduct background checks to find out whether their applicants are felons or not.
Nevertheless, at the federal level, actually an employer is not permitted to use a prior conviction as a reason to reject felons to be their employees, unless the crime relates to teachers, childcare professionals, public positions and employment with the U.S. Armed Forces, and law enforcement agencies.
2. Voting
The rule about felons who lose their rights to vote in each state is different. In some states, felons cannot vote temporarily while they are serving their sentence. And then, after they are released from prison, they can vote again.
In some other states, felons still can vote, but in some other states felons cannot vote forever, unless there is an action taken on behalf of the felon, such as applying for a governor’s pardon or withstand a waiting period after they are released from prison. To be able to vote, they probably need to complete terms of probation or parole or pay outstanding fines. For example, in Iowa and Florida, felons need to complete their sentence, including parole and probation, to be able to get their voting right again.
In Virginia and Kentucky, felons need to apply for a governor’s pardon or a court action to be able to restore their voting right. In Vermont and Maine, felons still have their right to vote.
3. Traveling Abroad
In every state, the rule of traveling abroad for felons is also different. In the United States, the passports of felons who are related to drugs can be revoked while they are serving their sentence, probation or parole. There are also other countries that restrict felons to come to their countries. One of the countries is Canada. This country has access to information about felons in the United States through the U.S. National Crime Information Center. It means that if there are felons who travel from the U.S. to Canada, the felons will go through a background check before they cross the border. By doing this, felons may not be able to enter Canada.
4. Owning Firearms
Felons will not be allowed to own firearms. However, the right to own it can be given if they go through some processes. In some states, the process is easier than other states. If felons want to own a firearm, usually they need to apply for felony expungement, petition for restoration of firearm rights, receive a federal pardon to have the right to buy a gun, or receive a governor’s pardon.
According to the Federal Law under the Gun Control Act of 1968, firearm possession is not allowed for anyone convicted of a crime punishable by imprisonment of more than one year. However, this rule also depends on the laws in every state because every state also has its own rule about it.
In New York and California, almost all are the same as federal law where they ban forever with few exceptions. In Texas and Minnesota, felons can own a firearm after a set period, usually 5 years, but it may depend on the nature of their convictions and their behavior after they are released from prison. In New Hampshire and Vermont, the laws are more lenient where they only ban firearm possession during imprisonment.
5. Getting a Child Custody
Felons can lose their right to get child custody. However, it depends on the felony that they did. Serious felonies, such as murder, can cause the felons to lose their right to a child custody. Felonies may not lose their parental rights at the time of a conviction, but it may affect parental rights in the future, especially if the felons divorce and battle for custody.
Felons with certain crimes may not be able to adopt a child in the future, for example felons who did child harm or domestic violence. Adoption agencies usually conduct background checks to the people who want to adopt a child and it will be difficult for felons with violence to adopt a child.
6. Getting Public Social Benefits and Housing
Felons cannot apply for federal or state grants. They also cannot live in public housing, receive federal cash assistance, food stamps, and other benefits. Besides, in most states, they cannot serve on a jury.
However, the bad thing from this is that when felons cannot get public social benefits, it is possible that the felons commit the crime again just to fulfill their needs.
7. Getting Education Opportunities
Felons with certain felony convictions may lose their opportunities to get federal student aid, especially felony which is related to drug offense. And even some educational institutions may not accept those who have criminal records.
Nevertheless, there is the Second Chance Pell Pilot Program. As explained on the Lawrina site, this program has a goal to extend educational opportunities to incarcerated people so that it opens the way to the effective reintegration after their conviction.
8. Becoming a Juror
Felons cannot be a juror. This prohibition can last forever or for several years after their conviction. In California, felons cannot be a juror forever and it cannot be negotiated.
Things Felons Can Do to Restore Their Rights
When someone becomes a felon, they may lose their rights to do the things above. However, usually when they are released from prison, their rights will be restored automatically, but there are some rights that are not restored. So, felons need to consult with their lawyer about what things that are prohibited for them to do after they are released so that they do not choose the wrong step. One of the rights that will not be restored even though the felons have been released from prison is owning a firearm, but it depends on the rule in the state. If felons want to get this right back, they usually need to discuss with their lawyer about appealing this.
Another example, felons may not get their right to child custody. If so, they can also discuss it with their lawyer about what they can do to get the child custody.
The Reasons Why Felons Cannot Do Certain Things
People may wonder why felons cannot do certain things as explained earlier. It is done to help protect society. For example, if felons who have been released from prison can easily own a firearm, regardless what felony that they did, the felons may misuse it and it can be dangerous for other people.
However, it is important for you to note that every state has different rules about things that felons cannot do. For example, in some states, such as Texas and Florida, the rules on felons’ rights are stricter than other states like California. Felons who were convicted or served time may have a direct influence on the rights they may lose and for how long.
Felons’ Preserved Rights
It is true that felons may lose some of their rights. However, they also have preserved rights. Here are some felons’ preserved rights according to the Lawrina site.
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- The Right to Practice Their Religion
Felons who are in prison have their right to practice their religion so that they can access religious services.
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- The Right to Speech and Express
As felons, they have their First Amendment rights to free speech and expression.
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- The Right to Get Protection from Cruel and Unusual Punishments
According to the Eighth Amendment, felons are involved in it where they are guaranteed to have humane prison conditions.
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- Right to Get Legal Proceedings
Felons have rights for fair trials and appeals. They can also challenge unlawful imprisonment or parole conditions.
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- Right to Legal Representation
Felons have rights to legal counsel, for example when they appeal or challenge the conditions of their imprisonment.
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