List of Things Felons Can’t Do Under Federal and Texas Law

List of Things Felons Can’t Do Under Federal and Texas Law

As a criminal defense lawyer with decades of experience in Galveston, Texas, I often encounter clients who are unaware of the long-term consequences of a felony conviction. Understanding these repercussions is crucial, as they can significantly impact one’s life even after serving their sentence. I will now explain the various restrictions that felons face under both federal and Texas law. My goal is to provide you with a clear and comprehensive understanding of these limitations, so you are fully informed about the challenges that lie ahead.

Federal Restrictions on Felons

First and foremost, let’s discuss the restrictions imposed by federal law. A felony conviction can lead to a wide range of limitations that affect different aspects of your life. One of the most significant restrictions is the loss of the right to vote. While this varies from state to state, federal law does not mandate the restoration of voting rights for felons. In Texas, for instance, you lose your right to vote while incarcerated or while you are serving a probated sentence, but it is restored upon completion of your sentence, including parole or probation.

Another critical restriction is the loss of the right to possess firearms. Under federal law, it is illegal for a felon to purchase, own, or possess any firearm or ammunition. This restriction is lifelong and can only be lifted through a presidential pardon or by having the felony conviction expunged, which is a complex and often challenging process.

Felons are also barred from serving on a jury. Federal law prohibits anyone with a felony conviction from serving as a juror in any federal court. This restriction is also mirrored in Texas law, where felons are disqualified from jury duty unless they have been pardoned or had their civil rights restored.

Employment opportunities are another area where felons face significant challenges. Many federal jobs, especially those requiring a security clearance, are off-limits to individuals with a felony conviction. Additionally, many private employers conduct background checks and may be hesitant to hire someone with a felony record. While federal law provides some protections against discrimination, such as the Equal Employment Opportunity Commission (EEOC) guidelines, the reality is that finding gainful employment can be difficult for felons.

Travel restrictions are also an important consideration. Felons may face challenges when traveling internationally, as many countries have strict entry requirements for individuals with criminal records. Some countries may deny entry altogether, while others may require special visas or permits. It is essential to check the specific entry requirements of the destination country before making travel plans.

Texas-Specific Restrictions on Felons

In addition to federal restrictions, Texas law imposes its own set of limitations on individuals with felony convictions. These restrictions can have a profound impact on your daily life and future prospects.

One of the most immediate and tangible consequences is the inability to hold certain professional licenses. In Texas, many professions require a state-issued license, including those in healthcare, law, real estate, and education. A felony conviction can disqualify you from obtaining or renewing these licenses, severely limiting your career options. The Texas Department of Licensing and Regulation (TDLR) and other licensing boards have the authority to deny, suspend, or revoke licenses based on criminal history.

Another significant restriction is the loss of the right to vote while incarcerated or while serving out a probated sentence. As mentioned earlier, Texas law restores voting rights upon completion of your sentence, but this does not apply during incarceration or while you are on probation or parole. It is crucial to understand that this restoration is automatic, but you must re-register to vote once your rights are restored.

Felons in Texas are also barred from serving on a jury. This restriction remains in place unless you receive a pardon or have your civil rights restored. Serving on a jury is an important civic duty, and being excluded from this process can be a significant loss.

Firearm possession is another area where Texas law aligns with federal regulations. It is illegal for a felon to possess a firearm in Texas, and this prohibition extends to any type of firearm, including handguns, rifles, and shotguns. Violating this restriction can result in severe penalties, including additional felony charges and extended prison time.

Texas does have a slight nuance with gun ownership and felons, however. A felon may have a gun within his or her home if more than 5 years has passed since the completion of the prison sentence, which includes probation or parole. This is specific and only applies to having a gun within the home and nowhere else.

Housing can also be a challenge for felons in Texas. Many landlords conduct background checks and may refuse to rent to individuals with a felony conviction. While there are some protections in place, such as the Fair Housing Act, which prohibits discrimination based on race, color, religion, sex, or national origin, it does not specifically protect felons. This can make finding stable and affordable housing difficult.

Voting rights, jury duty, firearm possession, professional licenses, and housing are just a few examples of the numerous restrictions felons face under Texas law. It is important to be aware of these limitations and take steps to mitigate their impact on your life.

Texas Criminal Defense FAQs

Can a felony conviction be expunged in Texas?

In Texas, expunging a felony conviction is generally not possible. In the event the felony conviction is reversed or pardoned, then it could be possible, but this is rare. It is always a good idea to consult with a criminal defense attorney if you are unsure as to whether you qualify for an expunction or not.

How can a felony conviction impact employment opportunities?

A felony conviction can significantly impact your ability to secure employment. Many employers conduct background checks and may be hesitant to hire individuals with a felony record. Certain professions, particularly those requiring a state-issued license, may be entirely off-limits.

However, there are laws in place, such as the EEOC guidelines, that protect against certain types of employment discrimination. Additionally, some employers are willing to give felons a second chance, particularly if they can demonstrate rehabilitation and a commitment to making positive changes in their lives.

Can a felon regain the right to own a firearm?

Under federal law, felons are generally prohibited from owning or possessing firearms for life. This restriction can only be lifted through a presidential pardon or having the conviction expunged, which is extremely rare and difficult to obtain. In Texas, state law mirrors this federal restriction, making it illegal for felons to possess firearms.

The difference with Texas law is that a felon can have a firearm in their home if more than 5 years have passed from the completion of their sentence, which includes completion of parole or probation. Violating this prohibition can lead to severe legal consequences, including additional felony charges and extended prison time.

Are there any voting rights restrictions for felons in Texas?

Yes, in Texas, felons lose their right to vote while incarcerated or while on probation or parole. However, voting rights are automatically restored upon completion of your sentence, including parole or probation. It is important to re-register to vote once your rights are restored. This process is crucial for re-integrating into society and participating in the democratic process.

Can felons serve on a jury in Texas?

Felons are disqualified from serving on a jury in Texas unless they have received a pardon or had their civil rights restored. Serving on a jury is considered an important civic duty, and being excluded from this process can be a significant loss. Understanding these restrictions is vital for anyone with a felony conviction seeking to fully reintegrate into society.

How can a criminal defense attorney help mitigate the impact of a felony conviction?

A skilled criminal defense attorney can help mitigate the potential impact of a felony conviction by providing a robust defense during trial, negotiating plea deals, and advocating for alternative sentencing options. Post-conviction, an attorney can assist with navigating the complexities of expunction laws or non-disclosure petitions and advise on steps to rehabilitate and improve employability. Legal representation can make a substantial difference in reducing the long-term consequences of a felony conviction.

Why Defendants Should Choose Mark Diaz & Associates

Choosing the right criminal defense attorney can make a significant difference in the outcome of your case. At Mark Diaz & Associates, we have decades of experience defending clients against a wide range of criminal charges, including driving while intoxicated (“DWI”), aggravated assault, drug possession, and many other types of misdemeanor and felony offenses. Our commitment to providing personalized and effective legal representation has earned us a reputation for success.

One of the key reasons to choose Mark Diaz & Associates is our deep understanding of the criminal justice system in Texas. We know how prosecutors think, how judges operate, and how to effectively challenge the evidence against you. This insider knowledge allows us to develop strategic defenses tailored to the unique circumstances of your case.

We also believe in the importance of communication and transparency. From the moment you contact us, we will keep you informed about the progress of your case, explain your legal options, and answer any questions you may have. Our goal is to ensure you feel confident and supported throughout the entire process.

Another advantage of working with Mark Diaz & Associates is our dedication to protecting your rights. We will thoroughly investigate the facts of your case, identify any violations of your constitutional rights, and aggressively pursue the best possible outcome. Whether that means negotiating a favorable plea deal, attempting to secure an acquittal at trial, or seeking a reduced sentence, we will fight tirelessly on your behalf.

Our track record speaks for itself. We have successfully defended countless clients against a wide range of charges, achieving dismissals, acquittals, and reduced sentences. We are proud of our ability to deliver positive results and make a meaningful difference in the lives of our clients.

Call Our Galveston Felony Defense Lawyer for a Free Consultation

If you or a loved one is facing criminal charges in Galveston, Texas, it is crucial to seek the assistance of an experienced criminal defense attorney. At Mark Diaz & Associates, we have the knowledge, skills, and dedication to provide the strong defense you need. Contact our Galveston felony defense lawyer at 409-515-6170 to receive a free consultation and discuss your case. We represent clients throughout Galveston, Brazoria, and Harris Counties, and we are here to help you through this challenging time and achieve the best possible outcome.