What rights do you lose with a felony conviction in California?
A felony conviction in California comes with serious consequences that extend far beyond jail time, fines, and probation. While the criminal justice system is designed to hold individuals accountable, a felony conviction can strip a person of certain fundamental rights. Understanding these restrictions is crucial for those facing felony charges, as well as for those looking to regain their rights post-conviction. Consulting an El Cajon criminal defense attorney can be vital in navigating these legal challenges and exploring options for restoring lost rights.
Loss of Voting Rights
One of the most significant rights lost due to a felony conviction in California is the right to vote. However, California law is more lenient than some other states. Felons lose their voting rights only while they are incarcerated in state or federal prison. Once released, whether on parole or probation, individuals can re-register to vote. A knowledgeable El Cajon criminal defense attorney can help clarify this process for those seeking to restore their voting rights.
Firearm Ownership Restrictions
California has strict gun laws, and a felony conviction results in a lifetime ban on firearm ownership. This means individuals convicted of a felony cannot purchase, possess, or use a firearm. Violating this law can lead to additional felony charges and severe penalties. While some rights can be restored through legal avenues such as a governor’s pardon or a felony reduction to a misdemeanor, these processes are complex and require legal expertise.
Ineligibility for Jury Duty
Felons in California are permanently disqualified from serving on a jury. The right to participate in the judicial process as a juror is considered a civic duty, and a felony conviction removes this privilege indefinitely. Even if other rights are restored, jury service remains off-limits unless a felony is expunged or reduced to a misdemeanor in specific circumstances.
Employment Challenges and Professional Licensing Restrictions
A felony conviction can severely impact employment opportunities, particularly in industries requiring professional licenses. Many jobs in healthcare, education, law enforcement, and financial sectors have strict background check policies, making it difficult for felons to obtain employment in these fields. California law does provide some protections through the Fair Chance Act, which limits how employers can inquire about criminal records. However, individuals seeking to obtain or maintain a professional license should consult a felony criminal defense attorney in El Cajon to understand their legal options and determine if record expungement is possible.
Loss of Immigration Benefits and Deportation Risks
Non-citizens convicted of felonies in California face additional challenges, including potential deportation or denial of citizenship. Certain felonies are considered aggravated offenses under federal immigration laws, which may result in mandatory removal from the United States. Even legal residents with green cards can face deportation due to felony convictions. Working with an immigration attorney and an El Cajon criminal defense attorney can be critical in mitigating these risks and exploring post-conviction relief options.
Parental Rights and Child Custody Implications
A felony conviction can impact parental rights, especially in cases involving child custody disputes. Courts consider a felony record when determining a parent’s fitness to have custody or visitation rights. Depending on the nature of the felony, a parent may be deemed unfit, leading to loss or restriction of custody. In severe cases, a felony conviction could lead to termination of parental rights, particularly if the crime involved child abuse, domestic violence, or other offenses deemed harmful to the child’s welfare.
Travel Restrictions
Felons in California may face travel restrictions, particularly when it comes to international travel. While a felony conviction does not automatically prevent a person from obtaining a passport, many countries deny entry to individuals with criminal records. Additionally, those on probation or parole may have restrictions on domestic travel, requiring prior approval from their probation or parole officer before leaving the state or country.
Loss of Public Benefits
Certain felony convictions can affect eligibility for public benefits such as housing assistance, student financial aid, and welfare programs. Drug-related felonies, for instance, may result in temporary or permanent ineligibility for federal aid, including food assistance programs. Those with felony convictions should research available assistance programs and consider seeking legal counsel to explore potential avenues for reinstating benefits.
Loss of Second Amendment Rights
Beyond firearm ownership restrictions, a felony conviction in California can also limit an individual’s ability to serve in the military or law enforcement. Many branches of the military will not accept individuals with felony records, and those already enlisted may face discharge if convicted of a felony. Similarly, those seeking careers in law enforcement will find it nearly impossible to obtain employment due to legal restrictions and background checks.
How to Restore Your Rights After a Felony Conviction?
Although a felony conviction results in significant rights loss, California law provides options for post-conviction relief. Depending on the case, individuals may be eligible for the following remedies:
Expungement
Expungement is a legal process that allows individuals to have their felony conviction dismissed from their record. While it does not restore firearm rights, it can improve employment prospects by allowing individuals to answer “no” when asked if they have a criminal record on job applications.
Felony Reduction to a Misdemeanor
California law allows certain felony convictions to be reduced to misdemeanors under Penal Code 17(b). This process can help restore certain rights, including the ability to seek some professional licenses.
Governor’s Pardon
A governor’s pardon is an official forgiveness granted by the governor of California. While rare, a pardon can restore firearm rights and eliminate other legal restrictions imposed by a felony conviction.
Certificate of Rehabilitation
A Certificate of Rehabilitation is a court-issued document that can serve as a stepping stone to a governor’s pardon. It demonstrates that an individual has successfully reintegrated into society and can help remove barriers to employment and housing.
A felony conviction in California leads to significant consequences that can affect nearly every aspect of a person’s life. From losing voting and firearm rights to facing employment and immigration challenges, the long-term impact of a felony record is substantial. However, with the right legal guidance, there may be ways to restore some of these rights. If you or a loved one is facing felony charges or seeking post-conviction relief, consulting an experienced El Cajon criminal defense attorney can be a crucial step in navigating the complexities of the legal system and working toward a better future.
If you’re facing felony charges or seeking post-conviction relief, consult Vikas Bajaj, a trusted El Cajon criminal defense attorney, for expert legal guidance. Contact our office today to protect your rights and explore your legal options.
