Can Felons Visit Inmates?

Michelle Wilson - June 1, 2023

When someone spends any number of months or years behind bars, it’s conceivable that they will form a rapport with at least one other inmate. Alternatively, perhaps a person who once served time in prison has a loved one or friend who is currently in prison. In any case, they likely cannot wait for the inmate to be released – if they ever will be, depending on their sentence – so they will want to visit them. However, that is easier said than done, especially for those who have been convicted of a past crime and thus have spent time in jail. With this entry evident on a background check, they may wonder if they will ever be allowed to visit an inmate.

The truth of the matter is not all correctional facilities operate the same way, nor do they adhere to the same rules or policies. Each prison establishes its own set of visitation procedures and regulations when it comes to determining who is eligible to visit an individual who is incarcerated in its facility. Jails will typically assess visitation applications from former felons on a case-by-case basis. Moreover, they have to consider the facility’s safety as well as what’s best for the inmate. There are a wide variety of factors that correctional facilities have to take into account when deciding if the former felon’s request should be granted or denied.

The visitor’s criminal history

One of the first things a facility will do when determining if an applicant should be allowed to visit an inmate is to run a background check on their criminal history. If the crime that the visitor committed was nonviolent or not considered severe, the likelihood of them being approved is high. Realistically speaking, there aren’t any felonies that are identified as being bad enough to prevent a former convicted criminal from visiting an inmate; it will ultimately depend on the prison. Former felons who have more convictions on their record or have an extensive criminal history will be subjected to closer examination.

Checking warrants is another aspect of performing a background check on potential visitors. This allows jails to stop certain applicants from visiting and talking to their accomplices or associates once they are inside the facility. If an outstanding warrant pops up in a background check, the prison staff will arrest the visitor.

How long ago was the visitor’s conviction?

Along with the applicant’s criminal history, the amount of time that has passed since their conviction is also factored in. The longer the space between the sentence’s conclusion and the present, the better the chances of the applicant being granted approval will be. If a former felon can have their record expunged, doing so will aid in getting their request approved. Similarly, having a job will also strengthen the odds.

Some states will have applicants with a criminal record wait a minimum of two years to visit an inmate because their sentence ended prior to being granted visitation. Washington is among those states where a former felon cannot visit an inmate less than two years after they are released from jail. If the person applying for visitation currently has pending charges against them, receiving approval will be harder.

What if the former felon is on probation?

A lot of convicted criminals are given conditions upon their release that essentially block them from interacting with other felons. Many prisons have a requirement for an applicant to obtain and then submit written permission from their parole or probation officer when assessing a visitation application. Additionally, some state jail systems require an applicant who has been convicted in the past to have been officially off probation or no longer under community control for a year before they apply for visitation. Florida is an example of this.

The relationship with the inmate

The relationship between the inmate and the person requesting visitation is another vital factor that is taken into consideration, along with the applicant’s criminal history. When a visitor is a former convicted felon themself, suddenly the decision as to whether they should be permitted to visit is given more weight. For instance, if the visitor is a member of the incarcerated person’s immediate family, their request will have a higher chance of being approved. In fact, the prison may go so far as to make an exception to its policy of preventing convicted felons from visiting for a specific period of time following their crime to allow immediate family to visit much sooner.

With that said, there will be times when a facility will not permit the inmate to receive any visits, regardless of if the visitor has a criminal record or not. There is an assortment of reasons for why this is, with one of them being that if the inmate has not been in the facility for very long, they may be denied visitation.

The visitation application

It is the potential visitor’s responsibility to acquire the approval needed to be included on an inmate’s visitation list, and that is where the visitation application comes in. Remember that this application will generally vary depending on the correctional facility that is holding the inmate. This process starts with the applicant providing their full name, phone number, and address, and then they will need to give their background information. At some point on the application, the visitor will be asked if they have ever been convicted of a crime. Whether the former felon is honest or not won’t matter because a mandatory background check will either validate or discredit their answer.

Anyone can be denied a visit with an inmate and this rejection can stem from a multitude of reasons. As mentioned before, an applicant will be denied visitation if they recently completed their sentence (i.e. less than two years after their release), they are on probation, or there is an outstanding warrant for their arrest. Moreover, if they are out on bond or are waiting for their trial in court, they could be turned down for visitation. There is also the possibility of a person’s application being denied if the jail considers them a security risk. Waiting for approval to be granted can take one to six weeks, though this mostly depends on the facility.

Conclusion

A former felon being able to visit an inmate will hinge on the jail they are being held in. Generally speaking, they can visit someone incarcerated, but whichever facility is holding them will determine how strict the visitation system is. For example, a high-security prison will usually have a more stringent set of visitation policies than that of a county jail. Be that as it may, it is not uncommon for a correctional facility – no matter its level of security or size – to still perform a background check on a visitor before allowing them to meet with an inmate.