Criminal offenses fall into two primary categories: felonies and misdemeanors. Felonies involve actions causing significant harm, like violent crimes or intricate financial fraud. Convictions lead to severe consequences, like extended prison sentences and substantial fines. In contrast, misdemeanors, encompassing minor offenses, result in comparatively shorter jail terms, lesser fines, or community service.
Beyond the immediate legal repercussions, criminal convictions, whether stemming from felonies or misdemeanors, exert widespread effects. Individuals with criminal records encounter challenges in various aspects of life, especially those convicted of felony charges. These criminal records impact employment, voting rights, credit access, and personal relationships. You thus need legal assistance to improve your chances of avoiding these far-reaching consequences. Accomplished criminal defense attorneys are pivotal in guiding individuals through legal cases. They evaluate case strength, explore viable defenses, and mitigate the charges' overall impact.
Impact of a Felony Conviction on Employment
Numerous employers routinely conduct background checks during the hiring process. A felony conviction in these checks can significantly sway an employer's decision-making. Despite "ban the box" laws intending to postpone inquiries into an applicant's criminal history, employers maintain the prerogative to factor in this history when making employment decisions.
Specific sectors, particularly finance, healthcare, and childcare, adhere to regulations governing employees' criminal backgrounds. A felony conviction could lead to disqualification from specific roles within these industries. Professions requiring professional licenses impose strict restrictions regarding criminal convictions. This, in turn, affects the acquisition or retention of these licenses.
Under Title VII of the Civil Rights Act, discrimination is proscribed not only in instances of intentional bias but also when it results in a discriminatory impact, even inadvertently. This encompasses decisions influenced by stereotypes or prejudices based on race, color, religion, sex, or national origin.
The Equal Employment Opportunity Commission (EEOC) enforces Title VII. Per the commission, using an individual's criminal history as a basis for employment decisions disproportionately affects certain protected groups, constituting a potential violation.
The underlying principle recognizes that discriminatory practices cannot always be explicit or conscious. Unconscious biases or stereotypes can still lead to decisions that disproportionately impact individuals based on protected characteristics. The EEOC emphasizes the importance of fair and objective practices, discouraging employment decisions influenced by stereotypes or animosity about an individual's race, ethnicity, gender, religion, or national origin.
It is worth noting that even subtle biases can contribute to discriminatory actions.
Federal guidelines recommend that employers refrain from automatically disqualifying individuals with felony convictions. These guidelines aim to mitigate issues of discrimination and foster fair hiring practices. In alignment with these guidelines, California has adopted measures encouraging employers to assess the particulars of an individual's criminal history rather than implementing broad prohibitions on hiring those with felony convictions. This approach seeks to balance addressing potential workplace risks with offering equitable opportunities for individuals with criminal histories.
When Can an Employer Legally Ask About Your Employment?
Employers have the right to inquire about an applicant's conviction if there is a valid, business-related reason to do so. This is especially applicable in the later stages of the hiring process, particularly during background checks.
Moreover, employers can lawfully decide not to hire an individual with a conviction if they can justify it based on legitimate business concerns related to the job's specific requirements. This assessment takes into account factors like:
- The nature of the offense
- The time that has passed since the conviction and
- How relevant the conviction is to the responsibilities associated with the position.
Disclosure of Expunged Criminal Records - Is It a Requirement?
You can expunge your criminal records through a legal process involving a court petition to review and potentially dismiss certain convictions. Although expungement does not entirely erase the record, it can lead to a dismissal. This offers advantages in terms of employment and other opportunities.
However, even after expungement, you are obligated to disclose convictions in particular circumstances:
- Contracting with the California State Lottery Commission — If you enter into contracts with the California State Lottery Commission, you must disclose your entire criminal history, even if specific convictions have been expunged.
- Applying for a California State License — If you seek specific California state licenses, like a contractor’s license, you must disclose your criminal history, even if you have undergone the expungement process.
- Applying for public office — When applying for or running for public office positions, like mayor or congressional representative, you must disclose your complete criminal history, regardless of expungement.
In these instances, the requirement to disclose your criminal history, including expunged convictions, is influenced by factors such as:
- Public trust
- Safety, or
- The nature of the responsibilities associated with the position or license
Instances When Employers Use Background Checks
California employment laws govern the use of consumer credit reports for employment. An employer in California is restricted from using a consumer credit report unless the position aligns with specific categories:
- Roles within the State Department of Justice
- Managerial positions
- Roles involving access to confidential personal information or trade secrets
- Law enforcement roles or sworn peace officers
- Jobs mandated by law to require a consumer credit report
- Jobs requiring regular access to cash totaling $10,000
Individuals possess certain rights within this process. These rights include the following:
- The right to be apprised of the employer's rationale for procuring a consumer credit report
- In the event of denial of employment based on information within the report, the right to secure a copy
Moreover, a consumer credit report deployed for employment purposes is mandated not to encompass information about:
- An arrest not culminating in a conviction
- Any arrest exceeding seven (7) years of age
- Any conviction for which the individual was released, paroled, or otherwise concluded more than seven (7) years ago
- A crime that has been fully pardoned
Felony Convictions on Federal Employment
The impact of federal felony convictions on federal government employment varies based on factors like the offense's nature, the sought-after job, and pertinent regulations. Two primary consequences exist for these convictions:
Permanent Bar
Certain federal positions, especially those tied to national security or sensitivity, impose stringent requirements. Felony convictions linked to specific offenses may enact a permanent bar, rendering individuals ineligible for these roles.
Temporary Employment Ban
Other federal positions not directly tied to national security impose a temporary ban on employment following a felony conviction. The ban's duration varies and is often outlined in laws or regulations associated with the specific federal agency or job.
Specific federal felony convictions can lead to disqualification from employment in particular sectors for defined periods. Examples include:
- Individuals with federal defense contractors or subcontractors — The disqualification specifics often relate to national security concerns.
- Labor organizations, considering the offense's nature and its relevance to the activities of such organizations.
- Employment with banks and financial institutions,
- Insurance companies, since these companies are associated with fiduciary responsibilities and trust in the insurance industry.
- Various roles within the commodities and futures trading industry, spanning positions with futures commission merchants, introducing brokers, commodity trading advisors, commodity pool operators, or floor brokers
For individuals convicted of offenses related to advocating the overthrow of the federal or state government or interfering with the morale of the United States armed forces, ineligibility for any federal employment persists for five years from the conviction date.
Impact of a Felony Conviction on Professional License Holders
In California, the potential ramifications of a felony conviction for professional and business license holders include the following:
- Denial of professional or business license
- Suspension of an existing license
- Revocation of licenses
- Professional conduct review
Note: The law grants individuals the right to appeal and seek mitigation when facing repercussions from a felony conviction. This involves presenting robust evidence showcasing rehabilitation endeavors, character references, and other elements signaling a steadfast commitment to ethical conduct.
Some of the professionals whose licenses are affected by felony convictions include, but are not limited to:
- Medical practitioners, including nurses, dentists, physical therapists, doctors, surgeons, and pharmacists
- Teachers
- Attorneys
- Social workers
- Real estate brokers and agents
- Financial professionals, including accountants, investment professionals, and financial advisers
- Alcoholic beverage license holders or those pursuing the license
Even after expunging a conviction, you must disclose this information to your regulatory board. The expungement process does not exempt you from reporting the conviction. Being transparent about your past helps the regulatory board assess the expunged conviction's relevance to your professional responsibilities.
The right to be heard in an administrative hearing is also a foundational safeguard. It ensures individuals facing potential adverse actions, like the denial, suspension, or revocation of a professional or business license, get the chance to present their case and offer pertinent information.
Furthermore, you can petition the California Supreme Court to review and potentially reverse the licensing authority's decision. This avenue enables you to bring legal arguments, contest the decision, and seek a favorable outcome based on legal interpretations, precedents, or procedural considerations.
At the federal level, you risk losing the following licenses if you have a felony conviction:
- Export license
- License to export defense services and articles
- Customs broker’s license
- Export license
- Locomotive engineer’s license
- Merchant mariner’s license, document, or certificate of registry
- Transportation worker identification credential (TWIC) and
- Other licenses, should the conviction be drug-related
Impact of a Felony on Gun Rights
A felony conviction in California imposes restrictions on firearm ownership, resulting in a lifetime ban on possessing firearms. This prohibition is entrenched in both state and federal law, with the Gun Control Act of 1968 outlining federal restrictions and PC 29800 outlining the state rules that apply to individuals convicted of a felony.
Even if a felony conviction is expunged, the federal limitations on firearm ownership remain in effect. While expungement can enhance employment prospects by alleviating the stigma of a criminal record, it does not automatically restore firearm rights at the federal level.
How Do I Restore My Gun Rights?
Restoring firearm rights in California depends on the type of conviction.
For a "straight" felony, classified solely as a felony, the restoration process is notably challenging. State law imposes stringent restrictions on firearm possession for individuals with straight felony convictions.
Conversely, for a "wobbler" offense, which can be prosecuted as either a felony or a misdemeanor, there is potential flexibility. You can regain your firearm rights if the crime is reduced to a misdemeanor and meets specific criteria.
In the case of a conviction for a "wobbler" offense charged as a felony in California, you can restore your gun rights through two key steps:
- Petition the court for reduction — You can petition the court to reduce felony charges to a misdemeanor. Approval by the court means the offense is officially treated as a misdemeanor rather than a felony.
- File a petition for dismissal — Following the reduction of charges to a misdemeanor, you can file a petition to dismiss the charges. This step eliminates the conviction, providing a more favorable legal status.
In contrast to "wobbler" offenses, which can be prosecuted as either felonies or misdemeanors, straight felonies cannot be reduced to misdemeanors. If you were convicted of a straight felony and seek the restoration of your Second Amendment rights, one option is to pursue a governor’s pardon.
Governor’s Pardon
Securing a governor's pardon in California is achievable through two distinct methods:
a) California Certificate of Rehabilitation
If you currently reside in California, pursuing a governor's pardon involves obtaining a California Certificate of Rehabilitation. This serves as an automatic application for a pardon. The process entails demonstrating rehabilitation efforts and a commitment to a law-abiding life.
b) Direct Pardon Application to the Governor
For those no longer residing in California, an alternative method is to apply directly for a pardon from the governor. This avenue allows individuals who have moved out of the state to seek a pardon by demonstrating eligibility and presenting a compelling case for rehabilitation and clemency.
Note: A governor's pardon does not involve sealing or expunging the conviction record. State agencies retain the authority to consider the conviction in license proceedings. The pardon offers relief from specific consequences but does not eliminate or shield the conviction in legal contexts like licensing proceedings.
When it comes to granting a governor's pardon or commutation in California, certain conditions apply. Notably, a pardon or commutation for a twice-convicted felon requires a written recommendation from a majority of justices of the California Supreme Court. However, the governor is not obliged to seek such a recommendation. The decision rests within their discretion.
What Happens After Having My Charges Reduced to a Misdemeanor from a Felony?
Upon successfully reducing "wobbler" charges from a felony to a misdemeanor, you can initiate an additional petition for the dismissal of the misdemeanor. This dual-step process is designed to allow you to erase the conviction from your record.
After the successful dismissal of the misdemeanor, key considerations arise concerning the automatic reinstatement of gun rights.
If the misdemeanor is dismissed, the state typically automatically reinstates gun rights. This signifies that individuals whose misdemeanors have been effectively dismissed regain the privilege to own and possess firearms.
However, exceptions exist regarding the automatic reinstatement of gun rights. The state may not automatically restore these rights if the crime involved is:
- A child-related sex crime
- A misdemeanor that subjects you to a 10-year gun ownership restriction
In both cases, you have to wait for ten years for your gun rights to be restored. Forty misdemeanors impose a 10-year wait. They include:
- Sexual battery
- Battery
- Criminal threats
- Stalking and
- Domestic violence
Federal law mandates a permanent restriction on firearm ownership for individuals convicted of misdemeanors linked to stalking or domestic violence. This prohibition remains in effect even if a state-level dismissal successfully addresses a misdemeanor tied to stalking or domestic violence. The ideal strategy is to evade conviction for these offenses to avoid the life-long ban enforced by federal law.
A Felony Conviction and Its Impact on Travel
After a felony conviction, individuals serving supervised release or parole often encounter specific travel restrictions determined by their parole officer. These restrictions could require obtaining permission for particular types of travel.
A felony conviction, especially for drug offenses, can significantly impact an individual's ability to secure or retain a passport. Obtaining a new passport could pose challenges for those convicted of a felony, particularly involving federal or state drug offenses. The U.S. Department of State can deny passport issuance based on specific disqualifying criminal offenses.
Additionally, if the felony offense included crossing international boundaries or using a passport in the commission of the offense, additional restrictions on passport acquisition apply. Individuals with an existing passport might face revocation if convicted of a disqualifying offense. Passport revocation, implemented by the U.S. government, serves as a measure to restrict international travel for individuals with certain criminal convictions.
Find a Criminal Defense Attorney Near Me
Engage the services of an experienced criminal defense attorney if you are charged with a felony or if you have a felony record and are seeking post-conviction relief. The Los Angeles Criminal Defense Attorney specializes in criminal defense matters, including post-conviction matters. We will assess your case comprehensively, explore potential avenues for relief, and help you navigate the complex legal procedures. Contact us today at 310-564-2605 to book your initial case assessment.
