What Rights Survive After a Criminal Conviction?
At Hug and Jacobs LLC, we believe that every person deserves to have their voice heard, even after a criminal conviction. As criminal defense lawyers, we understand that convictions can have lasting effects on an individual’s rights, but it’s important to know that not all rights are lost.
Certain rights remain intact, and others may be regained through legal processes. Knowing what rights survive a conviction is essential to moving forward.
Our criminal defense firm takes every case personally, fighting hard to secure a great outcome for each client. Even when the case has concluded, we’re here to help you understand the implications of a conviction and work toward reclaiming your future.
Civil Rights Affected by a Criminal Conviction
In Nebraska, a criminal conviction can impact several civil rights. However, the extent of these impacts varies based on the type of offense and whether it’s classified as a misdemeanor or felony.
Loss of Certain Rights After a Felony Conviction
Right to vote: Felony convictions result in the temporary loss of voting rights. However, these rights are automatically restored two years after completing the sentence, including probation or parole.
Right to hold public office: Felons are disqualified from holding certain public offices until their civil rights are restored.
Right to serve on a jury: Felony convictions typically bar individuals from serving on a jury unless their rights are reinstated.
Right to possess firearms: Federal and state laws prohibit felons from owning or possessing firearms. Restoring this right requires a pardon or specific legal proceedings.
Rights Retained Despite a Conviction
Right to legal counsel: Even after a conviction, you retain the right to legal representation for appeals or post-conviction relief.
Right to fair treatment: Convicted individuals have the right to be treated humanely and to be free from cruel and unusual punishment.
Parental rights: Unless a conviction directly relates to child welfare, parental rights are generally preserved.
These changes emphasize the importance of understanding how different convictions influence your rights and exploring options for restoring them when possible.
Employment Rights After a Conviction
Finding and maintaining employment can be challenging after a criminal conviction, but Nebraska offers certain protections and opportunities for those looking to rebuild their careers.
Legal Protections for Employment
Ban-the-box law: In Nebraska, public employers are prohibited from asking about criminal history on initial job applications. This law gives individuals a fair chance to demonstrate their qualifications before disclosing their criminal record.
Protections against discrimination: While private employers may still inquire about criminal history, federal laws like Title VII of the Civil Rights Act provide some protection against discrimination if a conviction doesn’t directly relate to the job.
Jobs Accessible to Those With Convictions
Industries open to those with convictions: Many industries, such as construction, manufacturing, and food service, are more open to hiring individuals with a criminal record.
Self-employment opportunities: Starting your own business or working as an independent contractor can provide an alternative path to financial stability.
Employment is often a key step in regaining independence and stability. Knowing your rights in the workplace can help you overcome barriers and move forward.
Housing Rights and Restrictions
Securing housing is another area where a criminal conviction can present challenges. Understanding your rights and the resources available can make a difference in finding stable living arrangements.
Challenges in Obtaining Housing
Background checks by landlords: Many landlords perform background checks and may deny housing based on a criminal record.
Public housing restrictions: Certain convictions, such as drug-related offenses, can result in temporary or permanent bans from public housing programs.
Rights and Resources for Housing
Fair housing laws: The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, disability, or familial status. While it doesn’t explicitly protect individuals with criminal records, it can prevent housing denials based on factors related to these protected classes.
Reentry programs: Nebraska offers reentry programs designed to help individuals with convictions find housing and reintegrate into society.
Accessing stable housing is a critical step in rebuilding your life. Exploring resources and legal options with a criminal defense lawyer can help you secure a place to call home.
Restoring Rights Through Legal Processes
For many individuals, restoring certain rights after a conviction is a priority. Nebraska provides specific pathways to achieve this, depending on the nature of the conviction and the rights in question.
Pardons and Expungements
Pardons: A pardon is a formal forgiveness granted by the Nebraska Board of Pardons. It can restore rights such as voting, holding public office, and possessing firearms.
Expungement: Nebraska allows for the expungement of certain arrest records, but expunging convictions is more limited. For example, cases involving set-asides may still be visible to the public but indicate that penalties have been satisfied.
Setting Aside Convictions
Eligibility for set-asides: Nebraska law allows individuals who have completed their sentence to request a set-aside, which can demonstrate rehabilitation and help with employment or housing opportunities.
Impact of set-asides: While a set-aside doesn’t erase the conviction, it provides a public acknowledgment of your efforts to move forward.
Restoring rights is often a challenging but worthwhile process. Working with a skilled criminal defense attorney can make a significant difference in working through these legal pathways.
Civic Participation After a Conviction
Engaging in civic life can be empowering, even after a criminal conviction. Understanding the timeline and process for regaining rights like voting and holding office is an important part of reintegration.
Voting Rights
Automatic restoration: In Nebraska, voting rights are automatically restored two years after completing your sentence, including parole or probation.
Re-registration requirement: Once your voting rights are restored, you must re-register to vote to participate in elections.
Holding Public Office
Restoration process: The ability to hold public office can be restored through a pardon or other legal mechanisms. This process varies depending on the position sought and the nature of the conviction.
Civic participation not only strengthens communities but also provides a sense of purpose and belonging for individuals working to rebuild their lives.
Financial and Property Rights
A criminal conviction can also have financial implications, affecting your ability to own property, secure loans, and manage financial obligations.
Asset Ownership
Right to own property: Convicted individuals generally retain the right to own property, including homes and vehicles, unless the property was directly involved in criminal activity and seized as part of the case.
Access to Financial Resources
Challenges with loans: Criminal records can make it more difficult to qualify for loans or mortgages, particularly if the conviction impacted your credit score or financial stability.
Rebuilding credit: Taking steps to rebuild credit, such as paying off fines and maintaining steady employment, can help mitigate these challenges.
Understanding your financial rights and obligations is essential to regaining independence and stability after a conviction.
Education and Professional Licensing
Pursuing education or professional credentials can open doors for those with a criminal record. While some barriers exist, many opportunities remain accessible.
Education Opportunities
Federal student aid: While certain drug convictions may temporarily affect eligibility for federal student aid, completing a rehabilitation program can restore access.
Educational programs in prison: Nebraska’s correctional facilities often offer educational and vocational training to help individuals prepare for reintegration.
Professional Licensing
Licensing restrictions: Some professions, such as healthcare or law enforcement, may bar individuals with certain convictions from obtaining licenses.
Appeals and waivers: In some cases, individuals can appeal licensing decisions or request waivers based on rehabilitation efforts and other factors.
Investing in education and training can provide a pathway to new opportunities and a brighter future.
Reach Out to a Criminal Defense Attorney Today
At Hug and Jacobs LLC, we’re committed to helping individuals in Omaha, Nebraska, and the surrounding areas, including Fremont, Lincoln, Papillion, and Wahoo. We want to help you understand and protect your rights after a criminal conviction.
Whether you’re seeking to restore your civil rights, explore employment opportunities, or address other challenges, our firm is here to guide you through the process. Contact us today to discuss your options with a criminal defense attorney.