Felon vs. Convicted Felon: What’s the Legal Difference?
Explore how legal terminology shapes the understanding and implications of felony convictions in the justice system.
While often used interchangeably in casual conversation, the terms “felon” and “convicted felon” carry distinct legal meanings with significant consequences. Understanding this difference is crucial for interpreting criminal records, background checks, and discussions surrounding civil rights.
Differing Legal Meanings
The distinction between “felon” and “convicted felon” hinges on the outcome of legal proceedings. First, it’s essential to understand what constitutes a felony. In the American legal system, crimes are categorized by severity, with felonies representing the most serious offenses. Federal law and most states generally define a felony as any crime potentially punishable by death or imprisonment exceeding one year. This classification is based on the maximum sentence authorized by law, not the actual sentence given. A crime remains a felony even if the individual found guilty receives a sentence of one year or less.
The term “felon” might be used informally for someone who has committed such a crime, but legally, being charged or accused is not enough. An individual officially becomes a “convicted felon” only after a formal court determination of guilt for a felony. This occurs through specific legal actions, such as entering a guilty plea, a plea of nolo contendere (no contest), or being found guilty by a judge or jury following a trial.
Therefore, the “convicted felon” designation signifies that an individual has completed the legal process resulting in a formal finding of guilt by a court. This status attaches only after procedures like arrest, indictment or preliminary hearing, arraignment, and finally, a trial verdict or accepted plea confirm guilt for a felony offense.
Consequences of a Felony Label
Being formally designated a “convicted felon” triggers numerous consequences beyond imprisonment or fines. These collateral consequences are legal disabilities and restrictions imposed by federal, state, and local laws that can profoundly affect life long after a sentence is served.1CSG Justice Center. National Inventory of Collateral Consequences of Conviction One major area is the impact on fundamental civil rights. Federal law, under the Gun Control Act of 1968, generally prohibits individuals convicted of crimes punishable by more than one year in prison from possessing firearms. The right to vote, governed by state law as affirmed by the Supreme Court in Richardson v. Ramirez, is also frequently restricted or lost following a felony conviction, with rules varying significantly by state.2National Conference of State Legislatures. Felon Voting Rights
Securing stable employment and professional licenses often becomes substantially more difficult. Many employers use criminal background checks, and a felony conviction can be grounds for denying a job.3The Thurgood Marshall Institute at LDF. Barred from Work: The Discriminatory Impacts of Criminal Background Checks in Employment Professions requiring state or federal licenses—such as healthcare, education, law, or finance—may have regulations barring individuals with certain felony convictions.4U.S. Commission on Civil Rights. Collateral Consequences: The Crossroads of Punishment, Redemption, and the Effects on Communities (June 2019) For instance, federal law restricts individuals convicted of fraud related to defense contracts from holding specific positions with federal contractors for five years. Even without explicit bans, employers may be reluctant to hire individuals with felony records, limiting career paths and potentially leading to lower wages.
Finding housing can also become a significant challenge. Landlords frequently conduct background checks, and while the federal Fair Housing Act prohibits discrimination based on factors like race or religion, it offers no protection based on criminal history. Private landlords can often legally deny rental applications due to a felony record.5Center for American Progress. Strengthening Access to Housing for People With Criminal Records Is Key to Successful Reentry Access to public housing may also be limited, as housing authorities can deny admission based on criminal activity, with certain convictions leading to mandatory denials or long exclusion periods.
Eligibility for various government benefits can be curtailed. Federal law restricts access to certain benefits for individuals with specific convictions. For example, those convicted of federal or state felony drug offenses may face temporary or permanent denial of Temporary Assistance for Needy Families (TANF) and Supplemental Nutrition Assistance Program (SNAP).6U.S. Department of Justice. Federal Statutes Imposing Collateral Consequences Upon Conviction (November 2000) Federal student aid for higher education can also be affected, with potential suspension or denial of grants and loans for students convicted of drug offenses. Social Security benefits may be suspended during incarceration for a felony.
Participation in civic life beyond voting is also often limited. Federal law disqualifies individuals convicted of a crime punishable by more than one year in prison from serving on federal juries, unless their civil rights have been restored. State laws commonly impose similar restrictions on state jury service. The ability to hold public office can be affected; while the U.S. Constitution doesn’t explicitly bar individuals with felony convictions from federal office, specific federal statutes disqualify those convicted of crimes like bribery or treason. State laws frequently prohibit individuals with felony convictions from holding state or local office. Furthermore, a felony conviction generally makes an individual ineligible to enlist in the U.S. Armed Forces.
Rights Restoration Options
Individuals designated as convicted felons often have pathways to regain rights and opportunities lost due to the conviction, though these mechanisms vary widely by jurisdiction and the specific right involved. Common methods include executive clemency (pardons), judicial orders like expungement or sealing of records, and sometimes automatic restoration of certain rights upon sentence completion.7Collateral Consequences Resource Center. Restoration of Rights Project
Executive clemency, usually a pardon, is an act of forgiveness granted by the President for federal offenses or a state governor for state offenses. A pardon typically doesn’t erase the conviction but can restore civil rights like voting, holding office, or serving on a jury. For federal pardons, applicants usually must wait five years after release or sentencing before applying through the Department of Justice’s Office of the Pardon Attorney, though the President has broad constitutional authority.8U.S. Department of Justice. Pardon Application Instructions State pardon processes differ but often involve waiting periods and review boards.
Altering the criminal record through expungement (destroying records) or sealing (limiting public access) is another significant option. Federal law offers very limited avenues for clearing adult federal convictions. State laws, however, provide a wider range of possibilities, with eligibility often depending on the offense type, time passed, and subsequent criminal history. Successfully clearing a record can remove major barriers, particularly in employment and housing, potentially allowing individuals to legally state they haven’t been convicted of the cleared offense.
Some jurisdictions automatically restore certain civil rights, most notably the right to vote, upon completion of specific requirements like release from incarceration or finishing parole/probation.9Nonprofit VOTE. Voting Rights for People with a Felony Conviction This automatic process means eligible individuals don’t need to petition for restoration but usually still need to register to vote. However, this isn’t universal; some states require payment of all fines and restitution, while others may permanently disenfranchise individuals convicted of certain felonies unless a pardon is granted.
Additionally, some jurisdictions offer specialized certificates, like a Certificate of Relief from Disabilities or a Certificate of Good Conduct. These don’t erase the conviction but can lift specific legal barriers related to employment licenses or public housing eligibility. They serve as official recognition of rehabilitation and can mitigate some collateral consequences. Navigating rights restoration requires understanding the specific options available within the relevant federal or state jurisdiction.
