Felony disenfranchisement refers to losing voting rights due to a felony conviction. If you are an ex-felon, our Fort Worth criminal defense attorneys can help you get these rights restored.
In a country that is ‘by and for the people,’ voting is a fundamental privilege. It allows you to have a say in electing public officials and in how the government is run. Unfortunately, facing any type of felony criminal charges in Texas puts this fundamental right at risk. Our Fort Worth criminal defense attorneys explain more about felony disenfranchisement and how to get your voting rights restored if you are an ex-felon.
In Texas, individuals who have been convicted of certain felonies are not allowed to vote until their sentence has been served and/or they have completed their parole or probation period. This is called felony disenfranchisement. If a person is still serving time in prison, they cannot vote while incarcerated; however, if an ex-felon lives in the community and meets all the requirements, then s/he may be able to get his/her voting rights restored.
The list of felony convictions that cause an individual to lose voting rights in Texas includes crimes such as murder, rape, armed robbery, burglary with intent to commit theft of a firearm or controlled substance, and failure to pay child support. Ex-felons can apply to have their voting rights restored by filing a petition with the court. If the individual meets all the requirements, then they may be able to get their voting rights restored.
To qualify for restoration of right to vote in Texas, an ex-felon must:
- Complete any prison sentence imposed and/or parole or probation period;
- Have paid all restitution and fines associated with his/her case;
- Have no pending criminal charges; and
- Not have been convicted of any other felonies since release from prison.
Once these criteria are met, an ex-felon can file a petition for restoration of civil rights with the court where the conviction took place. The petition includes details of the criminal history as well as proof of payment of restitution and fines. The petition also allows an individual to explain why he/she is requesting restoration of voting rights.
If approved by the court, the ex-felon will receive a letter confirming that their voting rights have been restored. This letter can be presented at the polling place on election day or used when registering to vote with your county’s voter registrar office. Once this process is completed, an ex-felon has the same voting rights as any other American citizen – including running for local office.
Ex-Felons should know that in Texas, it is still possible to regain their voting rights if they fulfill all requirements and apply for reinstatement through the court. The process may seem daunting, but our Fort Worth criminal defense attorneys can provide assistance to help you every step of the way. We understand how important it is to have your voting rights reinstated and we are here to support you in restoring these fundamental rights.
It is also important for ex-felons to remember that they may be able to vote even if their convictions are not eligible for restoration under Texas’s laws. In some cases, those with a felony conviction may apply for a “pardon of innocence” from the Governor, which gives them back the right to vote (this does not expunge or seal a criminal record). Our Fort Worth criminal defense attorneys can help you determine if this option is available to you and provide assistance in filing for the necessary pardon.
At The Law Offices of Jeffrey C. Grass, our attorneys understand how important it is to have your voting rights restored. We are committed to helping ex-felons get their civil rights back and take part in the democratic process. Contact us today for more information about how we can help you gain or restore your right to vote in Texas.
In conclusion, having a felony conviction does not mean that an individual cannot vote in Texas again – as long as all requirements are met and the court approves the petition for restoration of civil rights, ex-felons may be able to regain their voting rights and take part in elections once again. Although the process can be daunting, our Fort Worth criminal defense attorneys are here to guide you every step of the way. Contact us today for more information about how we can help you regain or restore your right to vote in Texas.
Millions Face Loss of Voting Rights Due to Felony Disenfranchisement
As an American citizen, you have certain rights and legal protections, which include having a say in how local, state, and national governments are run. However, a felony conviction could result in the loss of voting privileges. Known as felony disenfranchisement, it is a common problem in Texas and throughout the United States.
According to the non-profit Sentencing Project, more than five million people are prohibited from voting due to felony convictions. This averages to roughly one out of every 44 adults, and the numbers continue to climb yearly. While most states have provisions to restore voting right once a convicted felon has completed all sentencing requirements, this often proves challenging. In fact, the Sentencing Project reports that most disenfranchised voters are ex-felons.
Restoring Your Voting Rights After a Felony Conviction
In Texas, a final felony conviction results in the loss of voting rights. This means that you are convicted on felony charges, have exhausted all appeals, and are not under deferred adjudication or other alternative sentencing.
The Texas Secretary of State advises that you have the right to have your voting privileges restored once you have successfully completed your punishment, including any jail sentence, parole, or probation, and paid any outstanding fines or court costs owed. In order to reinstate your voting privileges, you will need to take the following steps:
- Fill out an application: You can file a voter registration application in person at your county election office or online via VoteTexas.gov.
- Provide identification: You will need to provide proof of identity, age, and that you are a U.S. Citizen.
- Address issues pertaining to your conviction: You may also need to produce documents proving you have completed all requirements associated with your sentencing. This may include final court orders, parole release statements, or other forms.
This final step is typically the hardest, as it can take time for your updated status as an ex-felon to be reflected in official records.
A Fort Worth Criminal Defense Attorney is Here to Help
Whether you are facing felony criminal charges in Texas, need to file an appeal, or have lost voting rights due to a conviction, the Law Office of Kyle Whitaker provides the professional legal help you need. To request a consultation, call 817-332-7703 or contact our Fort Worth DWI Lawyer online today.
At the Law Office of Kyle Whitaker, we understand how important your voting rights are. As such, we will do our best to ensure that all requirements are fulfilled and that this fundamental right is restored to you in a timely manner. Talk to us today and learn more about how we can help you take back control of your life.
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