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What Rights do Felons Lose in California?

March 2, 2023 Written by Jill Harness and Edited by Peter Liss

consequences of a felony conviction in california

Felons in California are subject to many penalties, even after they serve their time and pay off their criminal fines. The good news is that California does not restrict the constitutional rights of felons nearly as much as other states. Unfortunately, the state still does have many restrictions on what felons are not able to do after a conviction —for example, they can no longer possess a firearm or serve on a jury. To help protect your rights now and in the future, call a criminal lawyer as soon as you have been charged with any crime.

Can a Convicted Felon Vote in California?

The right to vote is a cornerstone of American democracy, but many states completely ban felons from voting for the rest of their life. Fortunately, California is not so draconian when it comes to felony convictions and your right to vote. Criminals sentenced to time in jail or on probation can vote, but those in state prison, serving a state prison term in a local jail, or on parole cannot. Once the entire sentence has been served though, felons automatically have all their voting rights restored and do not need to do anything extra to register to vote legally. In the future, even those serving time in prison may be able to vote, as many groups are working to secure this vital American right.

Unfortunately, if someone convicted of a felony in California moves to another state, they will then be subject to the laws of their new state. For example, in Florida, a felon must obtain a pardon or perform a similar action to vote again. In Alabama, convicts found guilty of specific crimes are banned from ever voting, regardless of whether they have obtained a pardon. Those with a felony conviction on their record who plan on moving should ask their attorney what felons can do and not do in their new state. Ignoring restrictions on a state’s voting laws and choosing to vote anyway is considered a form of voter fraud, a felony that could leave you behind bars for years.

Can Felons Serve Jury Duty in California?

While some people will risk jail time just to avoid serving on a jury, an unbiased jury is an essential cornerstone of our criminal justice system. Unfortunately, if felons want to continue contributing to the legal system, they need to have their civil rights restored under state law, which is a complex process that generally requires a skilled defense lawyer.

Can I Own a Gun After Getting a Felony in California?

The Second Amendment is a major political flash point, but one aspect of the gun rights debate few people argue about is the right of felons to possess guns. In California, one of the most significant consequences of a felony conviction is the lost ability to bear arms. This rule isn’t limited to those convicted of a felony but also anyone convicted of misdemeanor domestic violence, a misdemeanor hate crime, or a misdemeanor crime of physical violence.

It’s not easy to get past this ban either, as it actually requires a pardon from the governor and, in a felony case involving the use of a dangerous weapon, even that is not enough to restore someone’s right to own or possess a gun.

Can Felons Serve in the Military?

Because they lose their ability to possess firearms, felons are not allowed to serve in the military unless they can obtain a waiver, which is rare for those who cannot use guns. Some people may also lose some veterans’ benefits if they have been convicted of certain felonies that label them as a threat or an enemy of the United States, for example, treason or sabotage.

Will a Felony Conviction Affect Your Employment?

Technically, felony discrimination has been illegal in California since 2018. Employers cannot ask applicants about their criminal record unless the position or hiring agency legally requires a background check. Some positions actually prohibit convicted felons, for example, most law enforcement positions.

You will need to disclose your conviction if you decide to run for high office as an elected official, and you cannot run for public office if you were convicted of charges such as forgery, perjury, bribery, etc.

Additionally, many criminal convictions can result in the loss of professional licenses, and a felony conviction may make it difficult or impossible to get certain licenses —especially if the conviction is related to the position. For example, a person convicted of embezzlement may not become a licensed accountant, and someone found guilty of child abuse will not be able to become licensed as a daycare operator.

Can Felons Visit Other Countries?

The United States does not bar felons from traveling to or even moving to other states if they have served their sentence. While challenging, it is still totally legal to move to a new state as a sex offender.

Felons are also not barred from traveling out of the country, however it’s worth noting that many countries deny entry to convicted felons. A felon can make international travel easier by contacting someone from the consulate of a country they plan on visiting before their travel date to ask what criminal convictions will prohibit them from entering the country. Contacting the consulate is still a good idea even if you have visited the country previously, as laws frequently change when it comes to travel visas.

Also, it is worth noting that the U.S. State Department started issuing a special sex offender passport in 2018. This passport is only provided to those convicted of sex offenses against minors. It will still not prevent travel from the US.., however, it might present further barriers to international travel if other countries choose to deny you entry.

Can Felons Have Child Custody?

Life after a felony conviction can be challenging. One of the most tragic consequences occurs when someone just released from prison is a parent, and the child’s other parent or legal guardian wants to deny the convict custody or visitation of the child. Unfortunately, having a felony conviction record could dramatically hurt a parent’s chances of obtaining custody. Many judges see criminal convictions as a sign that a parent is unfit to care for their child.

Can a Convicted Felon Get a Driver’s License in California?

Almost everyone convicted of a crime can get a driver’s license in the future, though some offenses may require a waiting period before driving privileges can be reinstated. The one exception is when someone has been found guilty of assaulting someone with a vehicle, as this offense is punishable by a lifetime loss of driving privileges. Many misdemeanor and felony offenses can make it impossible for drivers to obtain a commercial license though, including:

  • More than one DUI
  • A hit and run accident
  • Evading a police officer
  • Commit a felony with a vehicle
  • Driving a commercial vehicle with a suspended license
  • Refusing to take a chemical DUI test when asked to

Can Felons get Public Assistance in California?

Generally, yes, but it also depends on what the offense was. As an example, those convicted of fraudulently collecting benefits cannot get CalFresh (aka food stamps), as well as those who are fleeing prison or parole. Similarly, Section 8 public housing is not open to those with a drug or violent crime conviction on their record within the past five years. Those convicted of manufacturing methamphetamine are permanently ineligible for these benefits.

How Long Do Felonies Stay on Your Record?

Until recently, most people convicted of a felony would be left with the offense on their record for the rest of their life. As of 2023 though, most people convicted of a felony will be eligible for an automatic expungement four years after serving their entire sentence, including probation. While an expungement can be useful in many regards, it will not make you eligible to possess a firearm, work in law enforcement, and hold public office if you are prohibited from doing so based on your type of conviction.

Unfortunately, convicted felons are not allowed to do many things legally in California, but what you can do to protect yourself from these consequences is hire a top defense attorney when you are first arrested for a crime. The best way to protect your rights is to avoid a criminal conviction. If you have been accused of a crime, criminal attorney Peter M. Liss can help you fight the charges and protect your rights. Please contact his office (760) 643-4050 or (858) 486-3024 to schedule a free consultation.

Filed Under: The CA Legal System, CRIMINAL DEFENSE, FAQs, LEGAL PROCEDURES Tagged With: gun rights, gun laws, felony consequences, voting rights, gun possession, felon rights, rights, felon voting rights, felonies

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About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified defense attorney.