Felon Loss of Rights Explained

A felony conviction means the loss of several civil rights, including the right to vote, the right to own a firearm, the right to serve on a jury, and, in some cases, the right to hold public office. Convicted felons also forfeit some of their Fourth Amendment protections and may be subject to warrantless searches by police and Department of Corrections officers.

If a criminal conviction is making it difficult for you to move towards a successful future, you may be eligible for an expungement and restoration of rights. Contact the team at Just Criminal Law to schedule a personalized case review and strategy session to discuss your situation and how we can help.

What Rights Do Convicted Felons Lose?

Convicted felons forfeit some of their constitutional rights and protections, including:

• Voting rights. A convicted felon forfeits the right to vote, either temporarily while they are incarcerated, or permanently until their voting rights are restored.
• Gun rights. State and federal laws prohibit felons from owning or possessing firearms.
• Travel and Immigration. People convicted of a felony may face restrictions when traveling within the US or to a foreign country. Non-citizens convicted of a felony may face deportation.
• Jury service. Felons are prohibited from serving on a jury until their rights are restored.
• Parental rights. In some circumstances, especially crimes involving violence or child-related offenses, a convicted felon may face the loss or restriction of parental rights.
• Search and seizure protections. Felons on probation or parole often have reduced protections under the Fourth Amendment and are subject to searches without a warrant.

Why Do Convicted Felons Forfeit Some of Their Rights?

Felon loss of rights is rooted in historical, legal, and political precedent.

• As far back as ancient Rome, punishment for many crimes included the loss of civic privileges.
• Some legal philosophies view felon loss of rights as a penalty for breaking the social contract. Adherents to this view believe that, because they have demonstrated a disregard for the rule of law, felons should lose the privilege of participating in the democratic decision-making process.
• Loss of rights has been used for political purposes, such as after the Civil War, to suppress the political power of minority voters by targeting them with criminal charges.

Critics argue that the felon loss of rights is undemocratic and perpetuates systemic inequalities, especially when felony convictions disproportionately affect minorities.

Are Convicted Felons Required to Submit to DNA Testing?

For various legal, public policy, and safety reasons, many convicted felons are required to submit to DNA testing.

DNA databases allow law enforcement officials to compare a felon’s DNA profile against unsolved cases, particularly in violent crimes like murder, assault, and rape. By collecting DNA samples, law enforcement agents can identify or eliminate suspects in cold cases.

Collecting a convicted felon’s DNA profile also discourages future crimes. Having a convicted felon’s DNA profile makes it easier to investigate and secure a conviction if a convicted felon were to commit a crime in the future.

The US Supreme Court has upheld the constitutionality of collecting DNA samples from convicted felons, comparing it to fingerprinting or photographing a suspect during booking. The collection of a felon’s DNA is justified to protect the public from violent crimes committed by repeat offenders.

How Was President Trump Able to Run for Office After Being Convicted of Multiple Felonies?

Despite being convicted of 34 felony counts of falsifying business records, President Trump was able to run for office due to the specific eligibility criteria established by the US Constitution, which only requires that a presidential candidate be a natural-born citizen, at least 35 years old, and a resident of the United States for at least 14 years.

President Trump was sentenced to an “unconditional discharge,” meaning he faced no jail time, fines, or probation. He also appealed his conviction. The appeals process could take years to play out while he serves his four-year term in office.

President Trump did not lose the right to vote. Under the laws of New York, where he was sentenced, and Florida, where he is a resident, a person’s right to vote is restored when they are released from prison. Because President Trump did not serve prison time, he did not lose the right to vote.

Can You Restore Your Rights After a Felony Conviction?

Many times, someone convicted of a felony can restore some, if not all the rights they lost when they were convicted. Under Wyoming law, you can file for an expungement and restoration of rights. The specific requirements vary depending on the nature of your conviction, and applying for an expungement and restoration of rights can be a challenging and complicated process. The team at Just Criminal Law can help.

Contact Just Criminal Law Today

To learn more about expungement and restoration of rights, contact our law office today by calling 307-686-6556, emailing office@justcriminallaw.com, or completing our online form. Spanish language services are available upon request.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.