QUEENSLAND Labor MP Billy Gordon has a right to wait for an investigation before giving up his seat in Parliament, a political expert says.
Premier Annastacia Palaszczuk moved to sack the Cook MP Billy Gordon after his criminal background was revealed.
But he resigned from the ALP before the sacking was official.
Police also have confirmed they are considering domestic violence allegations made against the MP.
But while Mr Gordon has been asked to give up his seat in Parliament, Queensland University of Technology political expert John Mickel said it did not mean he had to meet those requests.
"He has been duly elected by the people of Cook," the former parliamentary Speaker and Labor Party member said.
Mr Mickel said he could also argue that police investigations into recent allegations had not finished, bringing in the question of natural justice.
Mr Gordon said in a statement he was weighing up his options.
"The premier has previously requested that the police commissioner investigate whether I have transgressed any law and that process should be allowed to continue its natural course," he said in a statement on his Facebook page.
"Any other attempt to remove me from the Parliament and force me to resign is a denial of natural justice."
Mr Gordon admitted he had been convicted of several offences, including breaking, entering and stealing, public nuisance and breaching bail, between 1987-1996.
There had also been recent allegations that Mr Gordon failed to lodge tax returns and pay child support to his two children.
According to Queensland law, a person can say they have no convictions if they were not imprisoned, or were in jail for less than two-and-a-half years, if five years had passed (10 years if the case was in the District or Supreme courts) and if they had not broken the law since.
"I recognise that my own personal circumstances are no excuse for my non-disclosure, however from this troubled and fractured past I've managed to piece together a positive and constructive life," Mr Gordon wrote.