Civil Disabilities and Restoration of Rights
I. RIGHTS TO VOTE, HOLD STATE OFFICE, AND SERVE ON A STATE JURY; SELECTED OCCUPATIONAL DISABILITIES
A. LOSS OF RIGHTS
A person convicted of any crime may not vote while confined under a sentence of imprisonment or while on parole or probation, Mo. Rev. Stat. 88 1 15.133(2), 561.026(1), and if convicted of an offense connected with the exercise of the right of suffrage is forever disqualified from voting. Mo. Rev. Stat. 8 561.026(2). The disqualification from voting has been held to extend to federal offenses. && ex rel. Barren v. u,35 1 Mo. 1237, 175 S.W.2d 787 (1944); Brum v. Murdock, 406 S.W.2d 294 (Mo. App. 1966). A person convicted of a felony under Missouri law or convicted under the law of another jurisdiction of a crime that would be a felony if committed in Missouri forfeits any office he may then hold, and is ineligible to hold office until completion of his sentence or probation. Mo. Rev. Stat.5 561.021(1)(1), (2); however, persons convicted of an offense connected with the exercise of the right of suffrage are forever disqualified from holding any elected or appointive public office. Mo. Rev. Stat. 9 561.021 (3). A convicted felon is ineligible for the office of sheriff. Mo. Rev. Stat. 8 57.010. A felony conviction permanently disqualifies a person from jury service. Mo. Rev. Stat. 5 561.026(3).
A state agency may not deny a license to a felon solely on the basis of his conviction, although a felony conviction may be considered as a factor in the decision-making process. Mo. Rev. Stat. $ 314.200. For example, the State Board of Education may refuse to issue, or may revoke, a teacher's certificate upon conviction of a felony. Mo. Rev. Stat. 9 168.071(2). Missouri has a registration requirement for felony sex offenders, which expressly applies to federal convictions. Mo. Rev. Stat. 59 566.600 - 566.625. A person convicted of a felony or crime of moral turpitude may not serve as a superintendent or member of the patrol or radio personnel of the state highway patrol. Mo. Rev. Stat. 5 43.060.
B . RESTORATION OF RIGHTS/REMOVAL OF DISABILITIES
The right to vote is automatically restored upon final discharge from sentence, including probation or parole (unless the crime was connected to the exercise of the right of suffrage). Mo. Rev. Stat. 5 115.133(2). The right to hold office is restored upon completion of sentence (unless the crime was connected to the exercise of the right of suffrage). Mo. Rev. Stat. 5 561.02 1 (2), (3). Felons are permanently disqualified from jury service, unless pardoned. Mo. Rev. Stat. 5 561.026(3).
The pardon power is vested in the Governor, except in cases of treason or impeachment. Mo. Const. art. IV, $ 7. Persons convicted under federal law or the law of, another state are ineligible for a gubernatorial pardon.
II. LOSS AND RESTORATION OF STATE FIREARMS PRIVILEGES1
A person convicted of any "dangerous felony, "* an attempt to commit a dangerous felony, or of a crime under the laws of any state or of the United States which, if committed in Missouri, would be a dangerous felony, may not possess a concealable firearm3 for five years after conviction or release from confinement for such a conviction, whichever is later. Mo. Rev. Stat. 8 571,070.1. A person who has been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States (other than a crime punishable by imprisonment of two years or less, classified as a misdemeanor, and not involving an explosive weapon, firearm, silencer, or gas gun) may not obtain a permit to acquire a concealable firearm. Mo. Rev. Stat. 8 571.090.1(2). Without such a permit, it is illegal to purchase, lease, borrow, exchange, or receive a concealable firearm. Mo. Rev. Stat. 8 571.080.1(1).
NCJ Number: NCJ 171656
Title: Civil Disabilities of Convicted Felons: A State-by-State Survey
M C Love ; S M Kuzma ; K Waters
US Dept of Justice
Office of the Pardon Attorney