Every criminal offense has a maximum penalty which defines whether it’s a misdemeanor or a felony. In Michigan, a felony is a crime that’s punishable by two years or more. If you’ve been convicted of an offense that has a maximum penalty of two years or more you’re considered a felon. This article covers what rights are lost with a felony conviction. Examples of common felonies include:
- assault with a weapon,
- third offense drunk driving,
- possession of cocaine, heroin, or
- controlled substance without a prescription, and
- many theft offenses including larceny in a building, home invasion, burglary, and larceny over $1,000.00.
- All firearm and fraud offenses are felonies as well.
There are several rights that felons don’t have. Many of them like the right to vote are misunderstood and therefore I’ll clarify them below.
Michigan also has among the most progressive expungement laws in the nation. You may very well be eligible to have your criminal record expunged.
Interested in expungement? Unhappy with your current attorney? Request a free consultation now.
Right to Vote
A felon’s right to vote in state and federal elections vary among different states. In Michigan, a felon has an absolute right to vote except when they’ve been incarcerated in jail or prison at the time of the election.
There are no election booths in jail. Despite Michigan law, many felons believe they’ve lost their right to vote so they don’t do it. A felon’s vote counts as much as anyone’s. If given a chance, encourage felons to vote in our elections.
Right to Possess a Firearm or Carry a Concealed Weapon
A person convicted of a felony cannot lawfully possess a firearm pursuant to Michigan and Federal Law. Michigan law also prohibits persons convicted of a felony from carrying a concealed weapon. Felons may, in certain circumstances, get their state firearm possession rights restored. This is another instance where expungement might help you.
Right to Serve on a Jury
A person convicted of a felony cannot qualify as a juror in Michigan Judicial Courts or a Federal Grand Jury.
Felons Cannot Own a Michigan Liquor License
In Michigan to own an establishment that sells or serves liquor, beer and/or wine a person must be granted a liquor license from the Michigan Liquor Control Commission. They’ll probably not grant a liquor license to a felon. You don’t need a liquor license to be a bartender or waitress. Only the owner or owners of the establishment must be licensed.
Right to a sentence enhancement for conviction of a subsequent felony (habitual offender)
A person convicted of a felony can have their sentence enhanced or increased for a subsequent felony conviction pursuant to Michigan Habitual Felony Offender Laws. Generally, the more prior felony convictions, the more severe the sentence.
Felons Are Precluded from Having a Michigan Gaming (Casino) License
Most jobs working in one of Michigan’s three casinos require a gaming license from the Michigan Gaming Commission. A felony conviction will keep someone from obtaining this license. If already licensed, a felony conviction will cause a licensee to lose the license, therefore, losing their job
Felons Cannot Join the Military
In most cases, a felony conviction will preclude a person from joining the armed forces.
How to Get Rid of a Felony Conviction
Felony convictions can be removed or set aside in Michigan under certain circumstances.
Michigan has some of the most progressive expungement laws in the nation. More felonies and misdemeanors than ever are eligible for expungement.
Interested in expungement? Unhappy with your current attorney? Request a free consultation now.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.