NCJ Number
195110
Date Published
October 1996
Length
164 pages
Annotation
This manual summarizes the principal State and Federal laws that impose civil disabilities as a result of a felony conviction, along with the means provided for removal of these disabilities in each jurisdiction.
Abstract
Such laws affect, among other things, the exercise of civil and political rights, eligibility for professional licenses and other employment, and the legal ability to possess firearms. This overview of these laws focuses on the effect of a Federal felony conviction on the exercise of three major political rights (the right to vote, serve on a jury, or hold office) and on firearms privileges. A number of significant disabilities that are imposed upon felony conviction are imposed by State rather than Federal law, even when the conviction is for a Federal offense. The loss of the rights to vote, to hold State office, and to sit on a State jury are primary examples of such disabilities. Just as State law imposes a disability on a Federal felon, so too a Federal felon may be able to use a State procedure to remove the disability, instead of using the only currently available Federal restoration mechanism, presidential pardon. The summaries and charts presented survey the Federal statutes and the principal laws of the 50 States and the District of Columbia that deal with the effect of a felony conviction on the rights to vote, to hold office, and to sit as a juror, as well as the ability to possess firearms. The survey shows that the laws governing the same rights and privileges vary widely from State to State. There are also variations in how the laws should be interpreted and applied within the same jurisdiction. This uncertain state of the law in various jurisdictions raises questions about a convicted felon's ability to determine his/her legal rights and responsibilities. The varied availability of State remedies to Federal felons underscores the fact that the only method prescribed by Federal law for restoring civil rights, aside from Federal firearms privileges, is presidential pardon. There is no general Federal statutory procedure for restoring rights or expunging a criminal record. Accordingly, in at least 16 States, Federal offenders must obtain a presidential pardon in order to exercise one or more of their three political rights. Appended State-by-State summary of loss and restoration of rights to vote, to hold State office, and to serve on a jury as a result of felony conviction and a summary of State-law firearms disabilities imposed on conviction