Felony Disenfranchisement - The Lifelong Consequence
In 2016, Oklahoma passed House Bill 2275 that required individuals accused of a felony criminal offense to undergo DNA profiling. This DNA collections are sent to a national crime database operated by the federal Bureau of Investigation where they are stored and available for near immediate access by law enforcement nationwide. According to the Oklahoma County Sheriff’s Office In October they collected 430 DNA samples at intake. In November we collected 377 samples at intake. Those numbers do not include samples taken from inmates already in their cells.
This incredibly invasive program is not the only way in which the state seeks to diminish the reputation of individuals accused of or convicted of felony criminal conduct.
An individual convicted of a felony crime by a court of record is known as a felon. In Oklahoma, where the felony/misdemeanor distinction is still widely applied, “felony” is defined as a crime which is punishable by death or imprisonment in the state penitentiary or the Oklahoma Department of Corrections. Oklahoma defines a “misdemeanor” very generally: a misdemeanor is any crime which is not a felony. As a general rule, misdemeanors are generally crimes which are punishable by one year or less in the county jail.
In Oklahoma, felony convictions can have devastating effects on your ability to live certain places, attend colleges and universities, earn a living or hold some professional employment, associate with friends and family members, vote, receive government benefits…the list goes on and on.
Specifically, Oklahoma has statutorily excluded individuals convicted of any felony offense from many aspects of public and professional life. For instance:
A "felon" cannot vote during sentence (Okla. Const., Art. III, Sec. 1, 26 O.S. 4-101), sit on a jury (38 O.S. § 28), run for public office within 15 years of completing sentence (26 O.S. § 5-105a), be state employed (51 O.S. § 24.1), bear arms (21 O.S. § 1283 and 18 O.S. 922g), and possibly not have a driver's license (47 O.S. § 6-205).
A "felon" may never become a corporate director (18 O.S. § 1001), bank officer (6 O.S. § 1407), executor or administrator of an estate (58 O.S. §§ 102, 126), liquor dealer (37 O.S. § 527), funeral director (59 O.S. § 396.12), surveyor (59 O.S. § 475.18), physical therapist (59 O.S. § 887.13), chiropractor (59 O.S. § 161.2), official shorthand reporter (20 O.S. § 1502), realtor (59 O.S. § 858-312), or bondsman (59 O.S. § 1310).
A "felon" may just as well forget the professions of law (5 O.S. § 13), architecture (59 O.S. § 46.14), accounting (59 O.S. § 15.8), engineering (59 O.S. § 475.18), medicine (59 O.S. § 509), dentistry (59 O.S. § 328.32), electrologist (59 O.S. 536.9), pharmacy (59 O.S. § 353.26), psychology (59 O.S. § 1370), veterinary science (59 O.S. § 98.4), real estate appraisal (59 O.S. § 858-732), occupational therapy (59 O.S. § 888.9), marriage and domestic counseling (59 O.S. § 1912), osteopathy (59 O.S. § 637), nursing (59 O.S. § 567.8), and cosmetology (59 O.S. § 199.11), as well as employment in such fields as a pawnbroker (59 O.S. § 1503A), polygraph examiner (59 O.S. § 1458), security guard (59 O.S. § 1750.5), or in the security alarm industry (59 O.S. § 1800.13).
It is nearly uncontested that a convicted felon will face long-term legal consequences regardless of where the offense took place, what the offense was, or even how long ago the offense took place. Consequences, which persist long after the end of the imprisonment or sentence, include:
Disenfranchisement
Exclusion from obtaining certain licenses, such as a visa, or professional licenses required in order to legally operate
Ineligibility to adopt or have foster children
Exclusion from the purchase and possession of firearms, ammunition and body armor
Inability to serve on a jury
Ineligibility for government assistance or welfare,
Ineligibility for federally funded student loans
Inability to receive federally funded housing
Deportation (if the criminal is not a citizen).
Additionally, most job applications and rental applications ask about felony history. An even more concerning point: it is legal to discriminate against felons in hiring decisions as well as the decision to rent housing. As such, felons face barriers to finding the most basic of necessities: employment and housing.
Fortunately, Oklahoma has begun taking certain steps to restore the rights of convicted felons. For instance, individuals convicted of felony offenses will be permitted to vote once the individual has completed the sentence. In 2019, Oklahoma HB 2253 clarified that persons convicted of a felony shall be “eligible to register to vote when they have fully served their sentence of court-mandated calendar days, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by the court.” However, confusion and misapplication of these laws can have a de facto disenfranchisement effect to many other individuals.
For more detailed information on state legislation dealing with the voting rights of convicted felons, visit NCSL's 2011-current Election Legislation Database and select the subtopic "Voters-Felon Voting Rights." You can also find helpful information below should you have additional questions or concerns regarding your ability to regain certain rights and privileges after having been convicted of a felony in the United States.
The U.S. Department of Justice has a webpage listing links for each state's process of restoring the right to vote.
The Sentencing Project is an advocacy group that offers information on felon disenfranchisement in the states. Its page Felony Disenfranchisement: A Primer contains a state-by-state chronology of state action on felony disenfranchisement laws since 1997.
The Restoration of Rights Project, from the National Association of Criminal Defense Lawyers, also provides assistance on felon disenfranchisement.
Voter Registration/Voter Restoration Information in Oklahoma
If you or a loved one has been charged with a federal crime in Oklahoma, time is of the essence. You need an experienced federal criminal lawyer, and you need one right now. Call Diver Law Firm, and retain an accomplished criminal justice attorney ready to fight for your rights and help preserve your freedom. Call us today at (405) 896-8080 for a free consultation.