Those released after serving a felony sentence in New York face uphill battles. They must rebuild a life, yet they must do so with limited access to certain rights other citizens take for granted.

In recent years, the state legislature has done much to expand rights for those with a felony conviction on their record. Yet the work isn’t complete. Here’s what to expect after a felony conviction – and why fighting a felony charge remains your best bet for protecting your rights. 

Changes to Rights for Those With a Past

For many years, society accepted that those with a felony past had few or no rights, even after they had served their time. Recently, however, this perspective has changed. 

Recently passed laws in New York and other states have:

• Reopened paths to voting for those with records,
• Prohibited employers from discriminating based on a felony record, except where the actions are directly related to the work to be done, 

Current Status of Key Rights

As of July 2024, those who have served their sentences for a felony in New York can expect the following status of key rights.

• Voting. If you’ve completed your prison sentence or release stipulations, you may vote in New York. Those with misdemeanor convictions may vote as well. However, you may need to re-register to vote after being convicted of a felony. 
• Jury duty. Those convicted of a felony in New York may not serve on a jury. This situation may change, however; a bill allowing jury duty service for those with past felony convictions has passed both chambers of the state legislature and currently awaits the governor’s signature. 
• Running for office. You may run for and hold government office in New York as long as your conviction didn’t involve bribery of a government official, fraud, or corruption. Be prepared for an uphill battle, however: Running for office takes considerable time, energy, and resources, and any opponent may bring up your record, even if it’s irrelevant.
• Finding a place to live. In 2024, New York passed a Fair Housing Act that prohibits discrimination against housing applicants with prior convictions. If your conviction is more than five years old, it cannot disqualify you from getting an apartment. Certain other charges – like those that are sealed, expunged, or under a certificate of relief from disabilities – can’t prevent you from getting a place to live, either. The law takes effect January 1, 2025. If you’re looking for public housing, however, you may need to wait at least three years. In some cases, you may be unable to live in public housing or even visit a friend who does. 
• Seeing your kids. The short answer is, “Ask your lawyer.” While there’s no blanket ban against those with felony convictions spending time with their own kids, the terms and conditions of your release may affect when, how, and if you can have time with your children. 
• Applying for jobs. You can apply for jobs with the knowledge that employers may not ask about your criminal record and must make offers without considering your history. However, if an employer discovers you have a conviction directly related to the job’s performance, they can revoke a job offer.  

Some employers are prohibited from hiring people with certain criminal records to do certain tasks. If you’ve been convicted of embezzlement or other forms of mishandling money, for example, you may be prohibited from taking jobs that require you to handle money. 

Because the type of conviction can greatly affect your opportunities, it’s important to work with an experienced attorney throughout your case. Your lawyer can help protect your career and prospects. 

Fighting to Avoid Conviction

Seeing your rights curtailed isn’t the only challenge you may face after a felony conviction. Upon release from incarceration, you’ll need to find a job and a place to live, catch up with old friends and family, or even mourn the death of loved ones who have passed. 

These tasks would be tough for anyone. They’re even harder when you must also accept that, as someone with a record, you don’t have certain rights even though you’ve served your time. 

The best approach for anyone facing felony charges is to fight with the help of an experienced New York criminal defense lawyer. Your lawyer can ensure that police and prosecutors prove their case beyond a reasonable doubt – and if they can’t, you don’t pay the price. Talk to the team at the Brill Legal Group today to learn more.