Facing a felony conviction in California can have serious consequences, mainly because of the severe offenses that attract the punishment. As a convicted person, you need to understand the potential consequences of your actions to help you prepare for life after incarceration. With the information, you can also plan yourself accordingly to ensure you still have access to employment opportunities and other liberties, like owning a gun. If you are a first-time convicted person, you must work with a skilled and experienced criminal attorney to help you navigate your post-conviction process. Working with a qualified attorney can be pivotal to your case, as they help you prepare for subsequent applications.

At California Criminal Lawyer Group, we are a group of skilled and experienced attorneys ready to provide details on your conviction consequences and the possibility of expungement. Our team is also dedicated to helping you secure an application if you strongly believe you have received helpful rehabilitation support, making you a more trusted member of society. If you or a loved one is concerned about the consequences of a felony conviction, you can count on our attorneys to guide you through your case accordingly. Our services are available for clients needing legal assistance in San Jose, California.

The Nature of a Felony Conviction and Expungement Possibilities

The California criminal system provides various consequences for persons found to violate prohibitory laws. Under the system, you may be eligible for punishment for a misdemeanor or felony offense, depending on the severity of your case.

Your prosecutor is responsible for determining the most suitable charge applicable, and they generally do this after assessing the case circumstances. Based on this, people found guilty of a felony charge are likely to face more severe consequences than those facing misdemeanors.

Nevertheless, you can also explore expungement, which is only accessible after completing your sentencing orders. By having your case expunged, you can continue with your everyday life without having to reveal details of your past conviction.

Expungement orders work best when you understand the possible consequences of your felony conviction, so you need to consult your attorney for guidance. In doing so, you have a better claim to help you avoid challenges when returning to your everyday life.

Consequences of a Felony Conviction

After a presiding judge finds you guilty of a felony offense, your life may change significantly. For example, you must serve your sentence to completion, which often involves spending time in prison or completing felony probation.

Further, you may have to comply with several restrictions even after exiting prison, limiting access to resources and opportunities. The following are possible consequences of a felony conviction:

  1. Revocation or Suspension of a Professional License

Professional licenses are critical in various career operations, especially for specialized professionals. Roles requiring a valid license include working as a doctor or dentist, lawyer, pharmacist, or real estate agent.

A professional license enables you to open your practice, as it solidifies your credibility as a verified professional. With it, you can start your own business or practice in your specialization.

After conviction for a felony offense, you risk facing a professional license suspension or revocation, especially if your wrongdoings directly involved professional malpractice. For example, defrauding clients can attract a felony charge and warrant your license revocation or suspension.

Procedure Required Before License Suspension or Revocation

Although your license is subject to scrutiny and possible suspension after serving a felony sentence, you still have the right to a fair procedure. As a result, your employer or the licensing board in your professional field must follow the correct course before deciding whether to terminate your license.

The process should begin with a formal notice informing you of a scheduled hearing. The contents of the notice should include the date and time as well as the location of the scheduled hearing. Additionally, you should receive information on the expected number of panelists on the disciplinary board who will work on your case.

During the hearing, you can present your case from your point of view to justify or mitigate the accusations you faced. On the hearing date, you have the right to a lawyer who will help you prepare responses to the disciplinary board.

Upon assessing all elements of your accusation, you receive further information detailing when to return for your verdict. The panel may take a few hours to conclude the judgment, giving you enough time to determine the most suitable recourse for your license.

If your license is suspended, you cannot practice your profession for a fixed duration. The timeframe may vary from a few months to years, depending on how severe your actions were. Alternatively, you may receive a license revocation, which prevents you from ever practicing in the profession.

Challenges in Applying for a Professional License After a Felony Conviction

If you face a felony conviction before obtaining a professional license, you will face hardships in securing it based on your criminal record. The main challenge arises because you must provide your criminal history when making the application, warranting additional scrutiny of your case.

If your case involved direct professional malpractice like defrauding clients, abusing patients, or committing gross negligence, your application is less likely to be successful. Despite this, the assessing party should exercise revocation to ensure you understand the reasoning behind the decision.

  1. Reduced Access to Employment Opportunities

Even if you do not work in a specialized field, your access to employment opportunities may be limited after a felony conviction, making it challenging to sustain your livelihood. The primary reason for the difficulty in securing work is that you must disclose your criminal record in California as a legal obligation.

Moreover, non-compliance with the legal mandate to disclose your record may result in losing your job or a rejection letter from your potential employer. This, therefore, leaves you open to discrimination and possible job loss.

Additional consequences for failure to disclose your criminal record include ineligibility for unemployment benefits, as you will be fired for dishonesty. Due to this, you may have a more challenging time adjusting to life after your prison or probation sentence.

Pointers to Help You Navigate Employment Spaces after a Felony Convict

Overall, your employer may have a right to reserve employment opportunities if they establish that you have a previous conviction. Nevertheless, you can rely on various guidelines and pointers to help you understand your rights and when disclosing your criminal record is relevant.

Using the information, you can establish whether to provide details on your conviction or if an exception applies. Your defense attorney also remains available to support and guide you throughout the process. The following are essential guidelines to consider:

  • Disclosure of Your Criminal Record is Not Always Necessary

Although you may face a felony conviction, you do not always have to disclose your records. Exceptional circumstances may allow for non-disclosure if you comply with the prison or probation guidelines. They include:

  • After completing a drug diversion program.
  • If your felony charge was reduced to a misdemeanor.
  • If you had marijuana for personal use.

Despite this, you may still have to disclose your history when applying for a state or public office position. This is because you owe a duty of transparency to the general public, as your role may directly affect them.

  • Background Checks are Only Necessary in Specific Circumstances

Background checks that warrant your disclosure of a felony criminal history are also not necessary unless your employer presents specific needs. A potential employer should only ask for your background if they are genuinely interested in how you will manage their business as an employee.

Due to this, you do not always have to disclose your previous felony conviction for an entry-level job, as the details may be irrelevant to the role. On the other hand, background checks remain critical for some office roles, including:

  • Working in the state department of justice.
  • Any position that involves handling private information.
  • Working in a managerial position.
  • Working as a peace officer.
  • Any position requiring you to handle funds above $ 1,000 regularly.

The primary goal for your potential employer is to determine your character and history, making it essential for them to retrieve your criminal record information. Upon assessing your records, they still reserve the right to withhold employment opportunities, especially if they can justify the refusal.

Nevertheless, employers must uphold non-discriminatory practices when assessing potential employees to prevent unfair bias. This requirement is founded under the law, specifically Title VII of the California Civil Rights Act of 1964. The provisions expressly prohibit an employer from holding ethnic or racial biases against potential employees, which contradicts legal directives.

  1. Immigration Consequences

Similarly, you may face serious immigration consequences after a felony conviction, leaving you at risk of removal from the country. The outcome primarily affects residents who have settled in the country but who do not have American citizenship.

Typically, immigration consequences may involve a deportation order that requires you to leave the country. As a result, you may have to abandon your career, home, and loved ones, with little chance of having access to the country.

Despite this, you may only be eligible for deportation and receive an ‘inadmissible’ status if your felony offense was aggravated. An aggravated crime often involves more severe circumstances than regular cases, warranting a more harsh punishment.

For example, if you sexually abused a minor, resulting in a felony conviction, you are liable for an aggravated offense because the victim was a child. Based on this, an aggravating factor prevents you from seeking your right to remain within the country.

You may also face deportation if your felony was a drug crime, meaning you handled drugs directly or indirectly. Firearm crimes and offenses involving domestic violence also often warrant immigration consequences, so you should be ready for the potential circumstances to change.

Despite this, the official handling the immigration documents should be thorough to ensure you receive a fair determination. Your criminal attorney will help you through the assessment and advocate for your rights, even if you face possible deportation.

  1. Revoked Right to Vote

Parties facing a felony conviction also risk having their right to vote suspended, mainly because the civil right is based on your liberty and access to voting facilities. Denying you the right to vote after a felony conviction can also be a punitive measure to prevent you from participating in similar practices.

An exception to suspended voting rights applies if the presiding judge suspends your sentence. This will likely occur if new facts arise, creating reasonable doubt in your case. The resolution would be to reopen your case and establish whether your verdict was rightfully entered or you should be acquitted.

You can expect your voting rights to be reinstated automatically after completing your sentence as you return to being a functional member of society. Losing your voting rights for a short period may not have a significant consequence, but you can still consult your defense attorney if you have concerns about your circumstances.

The Possibility of an Expungement

An expungement order is highly beneficial after facing a felony conviction, and you may consider applying for the order. The main advantage of expunging your records is that you do not have to disclose your criminal history, as the details are no longer accessible to the general public.

If you decide to proceed with the expungement order, you need to understand the correct procedure to apply. The law applicable in California does not allow expungement for felony charges, so you must consider changing your case charge.

Your criminal defense attorney can help you lower your charge from a felony to a misdemeanor, making you eligible for expungement. However, reducing your charge is only accessible if you engaged in a wobbler crime, meaning it warranted either felony or misdemeanor charges.

Conditions to Meet When Applying for an Expungement

Upon verifying that your charge is eligible for a sentence reduction, you must apply to begin the expungement process. The first round of applications is to request that the court lower your charge to a misdemeanor by stating that it did not present severe outcomes.

Additionally, you must meet the application eligibility criteria, which often aim to verify that you did not engage in a drug crime or domestic violence case. Further, the judge must establish that you did not serve time in state prison or under a rehabilitation center’s supervision.

You must also not be involved with the Department of Corrections, as it indicates detention and additional restrictions are often issued to offenders with serious criminal charges.

Lastly, you can only file a petition for sentence reduction to a misdemeanor if you have completed your probation sentence or served time in county jail. The judge may also accept your application if you only received orders to pay fines as a sentence.

Once the presiding judge authorizes your sentence reduction, your criminal defense attorney should help you prepare another application for case dismissal. Since you already have the sentence reduced to a misdemeanor, your attorney can help you file the dismissal petition as guided by Section 1203.4 of the California Penal Code.

Factors for the Judge to Consider in an Expungement Petition

When the judge receives your petition, they must assess the situation and determine whether an expungement is a suitable case outcome. They do this by considering several factors to ensure their decision is justified. Some of the factors include:

  • Whether you can secure employment after expungement.
  • Whether you have previous convictions.
  • Your participation in community service.
  • The nature of your charges.

Overall, felony convictions can present a wide range of consequences, but you can work through an expungement request to help you rebuild your life. Working with a criminal defense attorney is an excellent way to increase your chances of a favorable outcome, so you must consult a trusted attorney as soon as possible.

Contact a Criminal Attorney Near Me

When you or a loved one faces conviction for committing a felony, you may need information about the consequences of their circumstances. This is especially important if you want to return to your career but are still determining how to do it. By understanding the effects of a felony conviction on your job, immigration status, and access to government services, you can better plan for your future. Additionally, you can apply for an expungement order to help you attain a fresh start without disclosing your criminal history. Working through these guidelines requires you to work closely with a criminal attorney, as they can provide guidance and legal representation when necessary.

At California Criminal Lawyer Group, we aim to provide high-quality legal services and advice that guides you through your post-felony conviction issues. Further, our team is equipped with the necessary skills to guide you when seeking applications for expungement so you do not have to worry about your criminal record interfering with your everyday life. If you or a loved one requires legal advice on the consequences of a felony conviction and the possibility of an expungement in San Jose, California, call us today at 408-622-0204.