A felony conviction can limit your freedoms long after you’ve completed probation or served your sentence. While some rights, like voting, are preserved in Missouri for those not in custody, other restrictions can feel like ongoing punishment.
However, you’re not without options. Missouri law provides paths to restore your rights and reclaim your good name. Through processes like expungement, you may be able to seal your record and regain many of the civil liberties you’ve lost.
At Rose Legal Services, we believe in second chances. Our experienced legal team is dedicated to guiding you through these procedures, helping you understand your options, and working to restore your standing in society.
What Rights Do You Lose After a Felony Conviction?
Beyond the obvious penalties like jail time or probation, a felony conviction can also take away many of your civil rights. Many people don’t realize how many everyday privileges they lose.
In Missouri, you could lose the ability to:
- Hold elected or civil service public offices
- Serve jury duty
- Possess firearms, even for hunting
In Missouri, felons keep their right to vote once they’re out of custody. This means if you’re on probation, parole, or have finished your sentence, you can vote.
However, other rights aren’t automatically restored. To get back many of your civil rights, you’ll need to take specific legal actions. This process can be complicated and time-consuming without proper guidance from an experienced attorney.
Furthermore, employers in Missouri are allowed to ask applicants about their criminal history – and most do. Even if the question isn’t on the initial employment application, employers can ask in an interview, and employers can conduct background checks. Unions often ask about criminal history as well. Any criminal history makes it more difficult to obtain a good job.
And if you have a professional license – or may apply for a professional license in the future – you can count on an extensive criminal background check. Teachers, doctors, nurses, lawyers, law enforcement, as well as anyone in the insurance, banking, securities, or gaming industries will all be required to disclose arrests, prosecutions, and convictions, which will be discovered on a background check anyway.
Missouri Expungements Fully Restore Post-Conviction Rights
According to Missouri law (RsMo 610.140), when a court order expunges a criminal record, it restores the individual to the position they occupied prior to arrest, trial, conviction, and judgment.
More than just sealing a record from public view, expungement under this statute means:
- All rights lost as collateral consequences of the conviction are restored. This means most privileges are reinstated as if the convict had never lost them. However, expungement under state law does not apply to federal firearm bans
- There is no obligation to disclose the expunged offense. When asked by employers, on applications, or even in court after new charges, the expunged case essentially legally never happened. Certain exceptions, like applying the old offense when determining repeat offense sentencing, may still apply.
- Essentially, the record and conviction cannot be acknowledged or used to question one’s truthfulness for failing to disclose, with few special case caveats.
In Missouri, getting an expungement does more than just seal your record. It can restore many of the rights you lost because of your conviction, essentially giving you a fresh start.
At Rose Legal Services, we regularly help our clients file for expungements under this statute to remove the long-lasting effects of their convictions. We also make sure our clients understand when they might still need to disclose their expunged record in certain situations.
Will My Firearms Rights Be Restored After Expungement?
Even if you get an expungement in Missouri, which restores your gun rights under state law, federal law might still prevent you from owning firearms.
Under federal law, individuals with felony convictions are banned from possessing firearms, and federal agencies often claim that state expungements do not affect this prohibition. This creates a conflict between state and federal law that remains unresolved.
Our attorneys carefully explain these nuances to clients to ensure fully informed decision-making before pursuing expungements primarily to restore firearms privileges. We advise that while a Missouri expungement may restore state-level gun rights, it may not lift overriding federal possession bans.
We closely monitor for any changes or final determinations that might fully restore firearm rights for Missourians whose records have been expunged.
How to Restore Your Civil Rights After a Felony Conviction
Even though Missouri law limits many rights after a felony conviction, you have options to get some of these rights back:
- Petitioning the Governor – Missourians may apply for a Governor’s pardon, which lifts restrictions at the state level, including employment, housing, civic participation, and more. However, federal firearm rights can only be restored by presidential pardon.
- Petitioning the President – Those seeking full rights reinstatements, including firearm rights, must petition for presidential pardons. If granted, a pardon from the President restores all civil rights under federal law.
- Seeking Expungement Orders – While not restoring federal firearm rights, those granted court-ordered expungements may lawfully claim to have no criminal record when applying for jobs, housing, or professional licenses.
It’s important to note that our firm does not assist with obtaining gubernatorial or presidential pardons. However, we do handle the expungement process, which can provide significant benefits, especially in terms of employment and professional licensing opportunities.
Restore Your Rights and Future With Rose Legal Services
At Rose Legal Services, we know that expungement isn’t about “hiding” your record. It’s about restoring your good name and opening doors to better jobs and opportunities. We’re committed to helping you navigate this process and do just that.
We approach every expungement petition with the same thoroughness and attention to detail that we bring to all our cases. Our team prepares each application, ensuring every requirement is met and every argument for your rights restoration is clearly presented.
But our work doesn’t stop there. We go the extra mile for our clients by contacting known background check companies to ensure your expunged record is removed from their databases as well. This additional step helps ensure that your past doesn’t continue to haunt you in employment or housing applications, giving you the fresh start you deserve.
Ready to take the first step towards reclaiming your rights? Contact Rose Legal Services today. Let’s work together to restore your standing and secure your future.
