A felony sentence attracts severe penalties, including over twelve months of incarceration, loss of professional license, deportation, restitution, and hefty court fines. Also, the permanent criminal record from the conviction will have lifelong collateral consequences, as employers and property managers can use it to discriminate against you. Luckily, you can put mistakes of the past behind you and obtain a clean slate by expunging a felony. Therefore, if you have a felony judgment, you have faced severe penalties like incarceration and court fines. Talk to an experienced attorney to determine if your felony is eligible for an expunction and guide you in clearing the record.
Effects on Your Employment
It is a standard practice for employers to run background checks on potential employees before hiring. Furthermore, during a job application, you must indicate whether the court has ever issued a guilty verdict against you for a felony offense. Not divulging this information means the employer will not hire you, and when employed, you will likely be fired if they realize you had a criminal sentence but never disregarded it. Even worse, you become ineligible for employment benefits after the employer discharges you from duty for deception.
It is not unlawful for an employer not to consider you for an employment opportunity based on your criminal record. Nevertheless, the law prohibits potential employers from discriminating against you when recruiting based on the conviction. Title VII of the 1964 Civil Rights Act prohibits employers from relying on convictions to deny applicants employment opportunities. Under the Act, discrimination does not only happen when an employer is intentionally biased against you but also if the impact of their decision is discriminatory. Therefore, when an employer uses pretexts like color, race, sex, national origin, or religion to deny employment, they violate Title VII.
Bias can lead to rights violations even when unconscious, which is why the law forbids any decisions driven by race, ethnicity, or stereotypical thinking. So, it is illegal for an employer to deny you employment because of a racial stereotype about criminality instead of considering your qualifications.
Additionally, the Equal Employment Opportunity Commission (EEOC), which enforces these laws, discourages employers from relying on criminal records to deny employment opportunities disproportionately. The commission discourages employment decisions based on disproportionate stereotypes or biases against protected groups.
Therefore, when you are a protected group member and believe that an employer has utilized a previous felony guilty verdict to reject your application, you must speak to an experienced criminal attorney with knowledge of employment discrimination. The attorney will bring a claim against the employer.
Answering “no” When Asked About Criminal Arrests or Convictions
Your California prospective employer will not be interested in knowing about the following:
- Arrests or police custody detentions that never led to guilty verdicts in trial
- Arrests leading to diversion or drug treatment programs that you completed
- Personal marijuana consumption-related violations
- Sustained juvenile petitions and cleared juvenile arrests
- Sealed and expunged sentences
- Misdemeanor guilty verdicts whose probation sentences were finished and the charges dismissed
When an employer asks about an arrest or sentence for these offenses, you can confidently say you have never been convicted without lying. However, when you are sentenced or have an ongoing case that does not belong to the exceptions above, you should disclose them to the prospective employer.
Disclosure of Expunged Convictions
When you satisfy sentencing and probation conditions, you can apply for an expunction to have the record cleared and the charges dismissed. An expunction refers to removing or diminishing certain offenses from criminal records. The court does this by opening your case and overturning the guilty verdict, no contest, or guilty verdict plea. If you have a felony judgment on your record, expunging it can be difficult, notably if you were sentenced to prison for the conviction.
An expunction changes your records to show the offense has been dismissed, but it does not delete it from public review. Authorities can still view the report, although it is not publicly available. The advantage of an expunged record is that you can say you have never been convicted when a potential employer inquires about your criminal past during a job application. Discrimination based on the record is minimal, enhancing the chances of securing employment.
Nevertheless, you should disclose the criminal past after an expunction when entering an agreement with the lottery commission, applying for a professional license, or running for elective or public office. Under these circumstances, you should disclose your record, even if expunged, as it is a matter of public trust and safety. Again, the responsibilities in these positions or by these licensees require that people know your criminal past.
Even if your felony record has been expunged, you must divulge the information during an alcoholic beverage or professional license application. Also, with a felony record, you cannot serve as a peace officer even when the documents are sealed. Therefore, when applying for a job as a police officer, sheriff, or firefighter, you should inform the employer about the expunged felony record.
Instances When Prospective Employers Run Background Checks
The only time a potential employer will use your consumer or personal credit report is if you are applying for the following positions:
- A Managerial role
- A job in the justice department
- A role entailing access to secret or confidential info
- A role involving frequent access to a sum of $10,000
- A position in law enforcement
The prospective boss must notify you of their reasons for utilizing the report. When you are denied the opportunity based on the appraised report, you are entitled to a copy. The consumer credit will not have information on arrests made more than seven years ago, convictions older than seven years, pardoned crimes, or arrests not resulting in sentences.
Impact on Federal Jobs or Employment
The regulations applying to the position, the nature of the felony conviction, and the role you seek are some of the factors determining the sentence's impact on your federal job.
When you have a felony sentence related to national defense or security, you will be permanently barred from applying for a federal job.
Any other offense that does not relate to national defense results in an interim employment ban after a felony sentence. The ban duration depends on the role you are applying for.
Effects of a Conviction on Your Professional License
Another significant adverse effect of the sentence in California is that it can result in professional license application denial, license suspension, or cancellation if your duties are substantially connected to the crime in question. These sentences can impact Professionals whose permits include nurses, doctors, lawyers, realtors, physical therapists, social workers, dentists, and pharmacists. A guilty verdict also adversely affects your potential to secure an alcoholic beverage license.
Even with an expunged record, you must inform the relevant licensing agency about your felony record. If there is a substantial relationship between the felony and the license you seek, the agency can use this as a basis for license denial, withdrawal, or suspension. However, you are entitled to an administrative proceeding where you argue against the disciplinary measures before any disciplinary action. If you are unsatisfied with the licensing board’s decision, you can request the Supreme Court to reverse the decision and overturn the board’s orders if they were unfair.
If you hold a federal license, a guilty verdict for a felony offense can result in license withdrawal or cancellation. Federal licenses that felony convictions will impact are:
- Export permits
- Locomotive engineer’s permit
- Customs broker’s permit
Effects On Your Firearm Purchase or Ownership Rights
After the court finds you guilty in California, you lose your right to own or operate a firearm for a lifetime. Even an expungement will not restore these rights.
Whether or not you can restore gun rights hinges on the kind of conviction. Reinstating these rights requires that you satisfy strict requirements after a straight felony. However, for an indirect felony, where the violation is charged as a wobbler, and the prosecutor prefers felony over misdemeanor charges, the chances are high that you could reinstate the license. All you need is to reduce the felony charge to a misdemeanor. You can restore your gun rights when the court approves the petition, and the offense becomes a misdemeanor.
Persons eligible to request a charge reduction include:
- Those with felony convictions who are still serving probation
- Those convicted of a felony violation and have completed probation or jail incarceration
- Those sentenced to jail with no probation after a felony sentence
If you are serving probation, you must petition for a termination before requesting a charge reduction.
Once you secure a reduction, you can petition to dismiss the misdemeanor. If the court grants the dismissal, you will obtain an automatic gun rights reinstatement unless the crime is a sex violation against a child or the misdemeanor restricts your firearm ownership rights for ten years. In these circumstances, you should wait 120 months to regain the rights, even after the charge is dismissed.
However, for a straight felony, a charge reduction is not an option. The only way to reinstate your rights is through a governor’s pardon. To apply for the pardon, you need a rehabilitation certificate. Once you secure the certificate, you automatically use it for the pardon.
The other option to secure a pardon is through direct application. The option is for felons living outside the state.
A pardon differs from an expunction, as it does not release you from all the disabilities of a guilty verdict. Licensing boards can still consider the guilty verdict when reviewing your license application or renewal request.
Impact on Voting Rights
A sentence for felony violation will result in suspending your voting rights during prison incarceration. However, you will retain your voting rights when the judge suspends your sentence and imposes formal probation, requiring you to serve at least twelve months in jail.
Otherwise, you cannot vote after a felony sentence if you serve time in prison or jail under Realignment laws or while awaiting prison transfer.
After discharge from prison, the voting right is automatically reinstated. It is not mandatory to file a petition or meet any criteria. Nevertheless, you must enlist or reenlist as a voter to be eligible to vote for you to participate in an election.
Impact on Your Capacity to Serve on a Jury
You cannot become a jury member after a felony sentence unless you regain your privileges. Securing the governor’s pardon and a rehabilitation certificate or direct pardon application are two ways to restore these rights. These processes are highly complex and require guidance from a professional. Therefore, talk to an experienced attorney for advice on the petition to restore civil rights. Alternatively, you can speak to the clerk in the local Superior Court or a probation officer for more details.
If sentenced to more than twelve months in jail, you cannot join the federal jury unless you secure a reinstatement of your constitutional rights through federal procedures. Securing a presidential pardon is the only way to reinstate these rights via federal laws.
Impact on Your Capacity to Join the Military
After a felony judgment, you cannot join military service unless you secure an exemption from the Defense Secretary.
Furthermore, if you are sentenced to a misdemeanor or felony and serve at least two months in jail while still serving in the military, you will not receive your pension. Nevertheless, this does not mean you will lose your money. The funds will go to your children and spouse.
A judgment for offenses like mutiny, treason, aiding an enemy of America, or sabotage means you forfeit all veteran benefits, including life insurance benefits.
Find a Profound Criminal Attorney Near Me
Felony convictions attract severe legal ramifications, not to mention collateral consequences. Apart from the immediate criminal penalties, the collateral consequences of having a criminal record are life-changing. Therefore, whenever you face felony charges or have been convicted and seek an expunction, do not hesitate to consult an experienced criminal lawyer. At Long Beach Criminal Attorney, we understand criminal defense and expungement laws, making us suitable for your case. Call us at 562-308-7807 for a no-obligation consultation.