Felon - United States

United States

The reform of harsh felony laws that had originated in Great Britain was deemed "one of the first fruits of liberty" after the United States became independent.

In many parts of the United States, a convicted felon can face long-term legal consequences persisting after the end of their imprisonment. The status and designation as a "convicted felon" is considered permanent, and is not extinguished upon sentence completion even if parole, probation or early release was given. The status can only be cleared by a successful appeal or executive clemency. However, felons may apply for restoration of some rights after a certain period of time has passed.

The consequences convicted felons face in most states include:

  • Disenfranchisement (which is expressly permitted by the Fourteenth Amendment, as noted by the Supreme Court)
  • Exclusion from obtaining certain licenses, such as a visa, or professional licenses required in order to legally operate (making some vocations off-limits to felons)
  • Exclusion from purchase and possession of firearms, ammunition and body armor
  • Ineligibility for serving on a jury
  • Ineligibility for government assistance or welfare, including being barred from federally funded housing
  • Deportation (if the criminal is not a citizen)

Additionally, many job applications and rental applications ask about felony history, (with the exception of the Commonwealth of Massachusetts) and answering dishonestly on them can be grounds for rejecting the application, or termination if the lie is discovered after hire. This is because most bonding companies will not issue bonds to convicted felons, which effectively bars them from certain jobs. Additionally, most landlords will not rent to convicted felons due to the risk of legal liability if the renter commits another crime.

It is legal to discriminate against felons in hiring decisions as well as the decision to rent housing to a person, so felons can face barriers to finding both jobs and housing. A common term of parole is to avoid associating with other felons. In some neighborhoods with high rates of felony conviction, this creates a situation where many felons live with a constant threat of being arrested for violating parole.

Many banks will refuse service to convicted felons, and some states also consider a felony conviction to be grounds for an uncontested divorce.

In some states, restoration of those rights may depend on repayment of various fees associated with the felon's arrest, processing, and prison stay, such as restitution to their victims, or outstanding fines.

Read more about this topic:  Felon

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