Everyone makes mistakes. Sometimes, you can believe your choices are fine but later realize you are wrong. Other times, we act quickly without considering the results. For example, you might enter your car and drive home after having too many drinks, not thinking about it until you see police lights behind you.
A criminal conviction in California can have serious effects. These consequences go beyond the legal penalties imposed by the court and can change a person’s life in many ways. They can affect personal, professional, social, and financial aspects. This blog will discuss the different consequences of a criminal conviction in California.
Legal Penalties
The first consequence of a criminal conviction in California is a legal penalty. This penalty comes from the court. These penalties can differ based on how serious the crime is and may include:
- Jail or prison time—People guilty of misdemeanors may serve in county jail. Authorities send felons to state prison.
- Fines and restitution—Courts often impose fines as part of the sentence. They may also require payments to victims for their financial losses from the crime.
- Probation—Sometimes, individuals may receive probation. It means you must follow certain rules set by the court. For example, they may need to meet with a probation officer or complete community service.
Collateral Consequences
A criminal conviction can lead to many collateral consequences, which affect different areas of a person’s life.
A Permanent Criminal Record
In today’s world, background checks are commonly conducted for jobs, housing, and even volunteering for activities like coaching youth sports. Having a criminal conviction on your record can lead to various issues, such as:
- Difficulty finding a job
- Trouble securing housing
- Ineligibility for federal aid or benefits
- Being barred from volunteering in children’s activities
A criminal conviction will stay on your record for life if you do nothing. Many people think a conviction can disappear like a civil judgment. However, this is not true. California offers a relatively easy process for removing some criminal convictions.
In California, you can have most misdemeanors and some felonies removed from your record. It is possible if you meet certain criteria set by the court. The dismissal is not automatic. You must file a petition with the court. You also need to show that your conviction is eligible for dismissal. To qualify, you must have completed probation and paid all fines. You must not have new charges or be serving a sentence for another crime since the conviction you want to be dismissed. Ultimately, the judge will make the final decision on whether to dismiss your conviction.
If the court dismisses your conviction, it will not appear on most background checks. These include checks by private employers or for general purposes. However, this does not mean that the court erases all records of your conviction. Government employers, licensing agencies, and law enforcement can still access your conviction record. Courts will also have access to it.
Impact on Financial Aid
Students receive financial aid in different forms each year. These grants and loans help cover tuition, housing, and the cost of books and other educational materials. A criminal conviction can significantly alter a person’s lifestyle, career, and plans. Students with convictions are often ineligible for loans, grants, or work-study programs. The rules regarding this can differ from one state to another.
If the court convicts a student of a drug-related crime, felony, or misdemeanor, they may lose their eligibility for financial aid. However, not all felonies affect funding. Drug offenses are particularly serious and can lead to a complete loss of financial aid eligibility.
Impact on College Applications
Many public colleges require students to share their criminal history. It is often needed when applying for undergraduate programs. They typically ask about all convictions, including drug offenses, juvenile arrests, and misdemeanors. A criminal record can influence the federal student aid application process. Some institutions focus on applicants with violent backgrounds.
They also pay special attention to those with sex offense charges. Many students with criminal histories hesitate to complete their applications. They may have concerns about others judging them. You should be honest on college applications. Answer questions about criminal conduct truthfully.
The school officials check this information. Applicants who provide false details will miss their chance to join. A criminal record can impact your job prospects, housing options, and admission to a degree program. A conviction may make it hard to obtain financial aid. However, some institutions may still consider your application. Being honest and submitting the necessary documents is important. Working with admission counselors can also help. This action may increase your chances of admission, even with a criminal record. There is still a chance for acceptance.
Problems With Your Professional License
California Business and Professions Code (BPC) 480 says a licensing board can revoke your license. It can happen if the court convicts you of a crime related to your profession’s duties or qualifications. For example, if a registered nurse commits a crime that harms a patient, it relates to their job.
This violation allows the board to take action. However, the code can also apply to situations outside of work. For example, if the authorities arrest you for a DUI, it can lead to disciplinary measures. This offense can occur even if you are not on duty.
A DUI may not directly affect your job performance, but it could if your work involves drugs, controlled substances, or alcohol. It also matters if there are concerns about substance abuse in your profession.
Any criminal conviction will lead to a formal investigation by the licensing board. The board will review your professional license. Some offenses are more serious. They can lead to losing or a denial of a professional license. However, a skilled attorney can help you.
Crimes that can lead to revocation include:
- Any felony
- A crime that requires registration
The court evaluates misdemeanor convictions individually. The consequences can vary based on the crime’s seriousness and relevance.
Many positions require background checks and disclosures when obtaining a job or a promotion. A criminal conviction, especially for a white-collar crime, could disqualify you from government jobs. It could also make you less appealing for corporate roles.
Employers are not supposed to discriminate. However, having a criminal history can make it harder to build professional relationships. It can also slow your career progress. California has enacted laws to protect job seekers with criminal records from discrimination. In this state, nearly one in three adults has a criminal record, and about half of the children have parents with one.
Before this law, people believed that having a criminal record would reduce your chances of receiving a callback or interview by 50%. Sadly, employers who chose not to hire these individuals missed out on potentially valuable workers. Research shows that adults with criminal records have lower turnover rates. They also have a higher chance of securing a promotion. Working with someone with a criminal conviction can reduce the stigma by about 15%.
The law prohibits employers from inquiring about an applicant’s criminal history until they offer a conditional job. They can perform a background check or ask about the applicant’s criminal record at that stage. However, finding a conviction should not automatically disqualify the applicant. Instead, the employer must conduct a personalized assessment to see if the sentence affects the applicant’s ability to do the job.
In this assessment, the employer should take into account:
- The nature of the offense
- The completion of the sentence
- The time elapsed since the conviction
- The job responsibilities
The employer may withdraw the job offer if the conviction is relevant to the job duties. For example, someone convicted of a crime against children should not work at a daycare.
A criminal conviction can affect job prospects. However, employees should not consider other parts of an applicant’s criminal history. These include arrests without convictions, sealed or dismissed convictions, and diversion programs. Therefore, if any of these items show up on a background check, employers cannot use them to withdraw a job offer.
Issues With Renting an Apartment or House
People with a criminal record in California often struggle to find rental housing. This issue happens because landlords usually have more applicants than available units. As a result, they may discriminate against people with felony or misdemeanor records.
Landlords feel pressured to protect their current tenants from potential criminal behavior. To reduce liability, many landlords screen out applicants they see as “potential criminals.” It helps them avoid the risks of renting to people with a criminal history.
There are federal and state laws against discrimination based on various factors. However, the Fair Housing Act (FHA) and the Federal Employment and Housing Act (FEHA) do not protect against discrimination based on criminal records. As a result, landlords in California can deny housing based on criminal history. These individuals may also face a ban from subsidized housing programs.
No state or federal laws specifically ban housing discrimination based on a criminal file. However, California has rules to help individuals with criminal records find suitable housing options.
Immigration Issues
If you live in California on a visa, a permanent residency, or without documentation, a conviction can impact your immigration standing. The impact varies based on the crime and the details of the case.
Foreign visitors or undocumented individuals may face deportation for breaking specific regulations. The United States Code outlines various crimes that can lead to deportation. Immigration officials can deport you for breaking other state or federal laws.
Offenses that can lead to deportation include:
- Drug trafficking
- Treason
- Rape
- Kidnapping
- Human trafficking
- Running a house of prostitution
- Sexual acts with a child and pornography
- Counterfeiting
- Revealing classified government details
- Obstruction of justice
- Theft and burglary
- Violent crimes
- Tax evasion
- Fraud
- Money laundering
Crimes of moral turpitude (CMT) such as:
- Child abuse
- Murder
- Aggravated assault
- Burglary
- Possession of firearms by a felon
- Grand theft auto
- Arson
- Felony hit and run
- Voluntary manslaughter
- Rape
- Welfare fraud
- Perjury
- Receiving stolen goods or property
Domestic violence against:
- A former or current spouse, fiancé, registered domestic partner, or live-in partner
- An individual with whom you share a minor
- Someone you are currently dating or have dated seriously in the past
Domestic violence crimes include battery, neglect, abuse, and threats. They also cover negligence, endangerment, and child abuse. Crimes involving children include child abuse, neglect, abandonment, and offenses that occur in front of children.
Domestic violence offenses can also involve breaking a protective order. If there is a protective order against you, contacting that person can lead to charges. The court could convict you even if they contacted you first.
U.S. Immigration and Customs Enforcement officials have the power to decide which cases to pursue. It means someone convicted of an aggravated felony might not necessarily face deportation. Your chances of staying in the country improve if you contest the criminal charges. A criminal defense attorney can help you win the case.
Denial of Voting Rights
Many people overlook their voting rights until they lose them. In California, people convicted of a felony usually lose their right to vote. On November 3, 2020, California voters passed Proposition 17. This law restored voting rights to individuals on parole.
However, according to the California Secretary of State, the following individuals cannot register or vote:
- Those serving time for a felony in a state or federal prison or a county jail as part of a state prison sentence.
- Those awaiting transfer to a state or federal prison while in county jail for a felony conviction.
On the other hand, the state allows the following individuals to register and vote:
- Those on parole
- Those under mandatory supervision
- Those on probation
- Those on federal supervised release.
- Those on post-release community supervision
Gun Ownership Restrictions
In California, convicted felons cannot buy, receive, own, or possess firearms. Certain misdemeanors can also lead to a loss of gun ownership rights. It means you cannot keep guns used for hunting or other activities. You also cannot keep antiques or collectibles you may have inherited. Felonies and some misdemeanors can result in a lifetime ban on gun ownership, while other misdemeanors may lead to a 10-year ban.
Social and Personal Repercussions
A criminal record can lead to serious personal and social effects. It can harm your relationships and impact how others see you. Having a criminal record can bring shame. It can lead to feelings of embarrassment and loneliness. It may also affect your mental health.
Find a Skilled Criminal Defense Lawyer Near Me
You should understand the consequences of having a criminal record if the court has convicted you of a crime in California. Not contesting the charges can lead to worse outcomes than you expect. Many individuals feel overwhelmed and believe that pleading guilty or no contest is the easiest way to “serve their time” and move on.
However, a criminal conviction stays with you forever as part of your record. Challenging the charges is often the best way to avoid these significant life-altering effects. If you are facing serious criminal charges, call the Long Beach Criminal Attorney at 562-308-7807 today to schedule an appointment with us.