Simone Lawson
A felony is a serious criminal offence that can have life-changing repercussions. In the US, crimes are typically classified as either felonies, misdemeanours, or infractions, based on the perceived seriousness of the offence. A felony conviction can result in a long prison sentence, steep fines, and the permanent loss of certain freedoms and rights. It is important to note that the laws and penalties regarding felonies vary across different states in the US, with some states employing a letter classification system, while others use a level or degree system, or forgo classification altogether. The impact of a felony conviction can extend beyond the legal consequences, as it may affect an individual's housing, employment prospects, and access to financial services and education.
| Characteristics | Values |
|---|---|
| Definition | A felony is a serious crime, traditionally considered a crime of high seriousness. |
| Punishment | Punishable by death or imprisonment of more than one year. |
| Classification | Crimes are classified as felonies, misdemeanors, or infractions, based on the perceived seriousness of the offense. |
| Fine | The fines levied for felony convictions can be substantially higher than those for misdemeanors or infractions, sometimes resulting in hundreds of thousands of dollars in fines. |
| Record | A felony conviction results in a permanent criminal record, which can impact future opportunities such as employment, housing, and loans. |
| Rights | A felony conviction may result in the loss of certain rights, such as the right to vote, own firearms, or hold specific licenses or public office. |
| Parole | Parole agreements may include conditions such as avoiding association with other felons, which can create challenges in certain neighborhoods. |
| Discrimination | It is generally legal to discriminate against felons in hiring and leasing decisions, and they may face barriers in obtaining employment or housing. |
| Restoration | The primary means of restoring civil rights lost due to a felony conviction are executive clemency and expungement, although this varies by state and federal law. |
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What You'll Learn
Felony vs misdemeanour
A felony is considered a more serious crime than a misdemeanour. A misdemeanour is regarded as a less serious crime that can result in a shorter jail sentence, smaller fines, and temporary punishments. A felony, on the other hand, carries long prison sentences, large fines, and potentially permanent loss of freedom. In the US, a misdemeanour is defined as a crime punishable by a jail term of less than a year, while a felony is punishable by more than a year in prison or even death.
The distinction between felonies and misdemeanours is important as it determines the court that hears the case and the potential punishment. In Massachusetts, for example, felonies are heard in superior courts and can result in state prison sentences, whereas misdemeanours are handled by district or municipal courts and punished by incarceration in a house of correction or periods of probation.
The specific crimes that constitute a felony or misdemeanour vary by state. For example, driving under the influence may be a misdemeanour for a first offence, but a felony for subsequent offences. In addition, the same crime may be considered a misdemeanour in one state and a felony in another, as the classification of crimes is determined by each state.
The consequences of a felony conviction can be far-reaching, impacting various aspects of an individual's life, including their employment, housing, and financial opportunities. Felons may face barriers to finding jobs and housing due to discrimination in hiring and leasing decisions. They may also face restrictions on their right to carry weapons and, in some states, their right to vote. Additionally, a felony conviction may affect their custody and visitation rights with their children.
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Sentencing
In the US, sentencing for felony convictions is determined by the federal government and individual state laws. The federal government defines a felony as a crime punishable by death or imprisonment of more than one year. If the punishment is one year or less, it is classified as a misdemeanour.
The guidelines consider the Offense Level (1-43) and the Criminal History Category (I-VI) to determine the guideline range in months of imprisonment. For example, a non-violent drug offender in Criminal History Category I may receive a sentence of probation and substance abuse treatment. In contrast, a defendant convicted of a Class A or B felony may be sentenced to imprisonment and community confinement or home detention.
The length of probation is at the discretion of the sentencing judge, and the guidelines state that the term of probation shall be between one and five years if the offence level is 6 or greater and no more than three years in any other case.
The guidelines also address fines, with the court able to impose a fine above the maximum set out if the defendant is convicted under a statute authorising a maximum fine greater than $250,000. The court can waive the fine if the defendant is unlikely to pay or if it would burden the defendant's dependents.
The guidelines have been controversial due to disparities in sentencing for different offences and the argument that they increase unwarranted sentencing disparities. For example, the 100:1 disparity between crack and cocaine sentencing has been amended to 18:1 by the Fair Sentencing Act of 2010.
State Variations
While the federal government provides sentencing guidelines, individual states also have their own laws and classifications for felonies. For example, Virginia classifies felonies by number, with Class 6 being the least severe (1 to 5 years in prison or up to 12 months in jail) and Class 1 being the most severe (life imprisonment).
Additionally, some states have unique laws that affect sentencing. For instance, in some states, driving under the influence may be a misdemeanour for a first offence but a felony for subsequent offences.
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Impact on future opportunities
A felony conviction in the US can have far-reaching consequences, impacting an individual's future opportunities in numerous ways. Firstly, it results in a permanent criminal record, which can affect employment prospects. Many employers are hesitant to hire individuals with a criminal record, particularly for certain fields or positions requiring professional licenses. The conviction may also lead to the loss of specific professional licenses or bonds. Additionally, a felony conviction can affect an individual's ability to obtain loans or financial aid, as banks and lenders may view them as high-risk borrowers.
The social stigma associated with a felony conviction can strain personal and professional relationships, leading to isolation and discrimination. The conviction may also impact child custody rights and visitation, further affecting family dynamics and stability. Moreover, a felony conviction can result in the loss of certain fundamental rights, such as the right to bear arms, the right to vote, and the ability to hold public office. These losses can significantly limit an individual's participation in civic life and their ability to influence public policy.
In terms of housing, a felony conviction can create challenges in securing rental accommodations. Landlords often conduct background checks, and some may be reluctant to rent to individuals with a criminal record. This can lead to difficulties in finding stable housing, contributing to a cycle of instability and potential homelessness. Additionally, individuals with felony convictions may face restrictions on receiving certain government benefits, such as food stamps and housing assistance, further compounding their challenges in meeting basic needs.
The impact of a felony conviction can extend beyond the individual, affecting their families and communities. The loss of employment and housing opportunities can have a ripple effect on dependents, and the social stigma can strain relationships and support systems. Furthermore, the financial implications of a felony conviction, including legal fees, fines, and the cost of rehabilitation programs, can create economic hardships for individuals and their families, hindering their ability to rebuild their lives and achieve financial stability.
While a felony conviction presents significant challenges, there are pathways to mitigate its effects and reclaim control over one's future. Seeking legal guidance can help explore options such as expungement, restoring civil rights, and accessing support resources to lessen the impact of a criminal record. Additionally, participating in rehabilitation programs can provide essential skills for personal development and reintegration into society. With the right support, determination, and access to resources, individuals with felony convictions can navigate these obstacles and work towards rebuilding their lives and securing a better future.
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Discrimination and parole
Discrimination against people with felony convictions in the US is widespread, impacting their ability to find employment and housing. While there is no federal law explicitly prohibiting employment discrimination based on a criminal record, some states have enacted laws to this effect. The US Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit discrimination based on race and national origin in workplaces, and has issued guidance on how employers can use criminal records without violating the Civil Rights Act.
The "Ban the Box" movement has led to laws in more than half of US states that aim to remove conviction history questions from job applications, and delay background checks until after a job interview. However, even in states with these laws, formerly incarcerated people have much higher rates of joblessness than the general public. This is particularly true for people of colour, who are more likely to be arrested, convicted, and given longer prison sentences than white Americans. In 2016, 6.1 million people were disenfranchised due to felony convictions, with felony disenfranchisement rates for voting-age African Americans reaching 7.4%, four times the rate of non-African Americans.
People with criminal convictions also face discrimination in the private rental market, and those with felony drug convictions face restrictions in accessing government-assisted housing. For example, Bridgette Simpson, who spent 10 years in prison, struggled to find housing where she was welcome and could afford it. For four months after her release, she lived under a highway overpass while saving wages to buy a used car to live in. Terrance Stewart, a California resident, faced similar challenges after being released from prison for a drug conviction, spending time homeless or in substandard apartments.
The collateral consequences of conviction can drive crime, and there is evidence that formerly incarcerated people who cannot find employment are more likely to reoffend. The Fair Chance to Compete for Jobs Act is a federal law that makes it illegal to ask applicants about their criminal history before making a conditional job offer. The Work Opportunity Tax Credit is a federal tax credit available to employers for hiring people with felony convictions.
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Expungement
In the United States, a felony is a crime punishable by death or imprisonment of more than one year. A person convicted of a felony may be described as a felon. A felony conviction can have serious consequences, including the loss of certain civil rights and employment opportunities.
The requirements for expungement eligibility typically include completing probation, paying all fines and restitution, and having no pending charges or convictions. The specific procedures and eligibility criteria vary across different states in the US. For example, in California, most types of convictions can be expunged if the individual has completed probation, satisfied financial obligations, and is not facing charges or on parole. In Washington, D.C., the Second Chance Act, which will come into effect in 2027, will automatically seal and expunge felony records for some felons.
While expungement can provide relief from the consequences of a felony conviction, it is not available for all types of convictions. Certain crimes, such as weapons offenses, misuse of public office, and violent or sexual offenses, are generally ineligible for expungement. Additionally, each state has its own waiting periods and requirements for expungement. For instance, in some states, a single misdemeanor conviction may be expunged after eight years, provided that the individual has no other convictions and has fulfilled their financial obligations to the court.
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Frequently asked questions
A felony conviction refers to a serious crime for which the defendant can be sentenced to more than one year in prison. It is considered the most serious criminal offense, often carrying the toughest penalties and lifelong restrictions.
Felonies are crimes that are considered to be of high seriousness and are typically classified based on the perceived severity of the offense. This can include violent crimes, drug crimes, property crimes, and white-collar crimes. The specific classification and corresponding crimes vary by state.
The consequences of a felony conviction can be far-reaching and include imprisonment, steep fines, and the loss of certain freedoms and rights. Convicted felons may face barriers in finding employment and housing, and may be ineligible for certain licenses, loans, and government benefits. They may also be prohibited from owning firearms and voting.
