A criminal conviction has far-reaching consequences on a person’s life. This includes social stigmas, financial implications, legal troubles, and other fallout if they are convicted. Below is more information about convictions, what they are, and how they impact suspects and convicted criminals.
What is a Conviction?
A conviction is a formal judgment by a court that declares a person guilty of a criminal offense. This determination follows a legal process where evidence is presented and evaluated, either in a trial by jury or judge or through a plea agreement. Once convicted, the defendant faces sentencing, which can include penalties such as prison or jail time, probation, fines, or community service. The conviction becomes part of the individual’s criminal record, potentially impacting their future opportunities and rights. It signifies that the legal system has found sufficient proof of the individual’s guilt beyond a reasonable doubt.
Consequences of Being Convicted of a Crime
Here are a few of the consequences of being convicted of a crime:
Incarceration
Depending on the severity of the crime and judgment, you may be sentenced to jail or prison. Jail is usually reserved for misdemeanors and holding, while prison is usually for felony-level crimes.
Probation
A person may be placed under probationary status whether or not they went to jail or prison. In Missouri, you would have to report in to a probation officer, maintain a job, or even take drug tests.
Criminal Record
Having a criminal record can affect multiple aspects of a person’s life. Any crimes are accessible to law enforcement, the public, landlords, employers, and other entities. This can include names and aliases, arrest charges, warrants, convictions, fingerprints, and mugshots. Some of the more serious implications include:
- Loss of Rights: In Missouri, Convicted felons lose their right to vote, own firearms, work in the public sector or hold office, travel out of the country, or even get a driver’s license.
- Employment Challenges: An undisclosed criminal record is grounds for termination in most workplaces. This becomes more complicated when people are job-hunting and the employer runs a background check. Another drawback may be a barrier for receiving certain professional licenses.
- Housing: It can be difficult to rent or even buy a house if a person has a criminal record. Landlords are free to run a check and deny an application. It’s advised to send the landlord a note beforehand so it doesn’t come as a surprise. This also applies to public housing assistance opportunities.
- Education: Like with housing, there may be barriers to education. This includes both admissions and financial aid opportunities.
- Immigration Consequences: Convicts that are non-citizens in the U.S. may face deportation or be unable to apply for citizenship.
Certain crimes may put a convict on sex registry lists that can impact employment, housing situations, and their personal image.
Monetary Restitutions
Depending on the judgment, you may owe fines for property damage, medical expenses, pain and suffering for any victims, or court fees.
Community Service
Standard for most misdemeanors or ex-felons, community service can range from dozens to hundreds of hours of street cleanup, volunteering, or other activities that are monitored by the court or probationary officer.
Financial Consequences
Criminal record checks that block employment opportunities means reduced earnings across the board. A convict may also have court-sanctioned legal fees, damage to their credit score, interest-based loans that have built up while incarcerated, and other fines.
Personal Consequences
An overlooked consequence is the stress and anxiety behind having a record or being convicted in the first place. A conviction may cause severe strain on friend and family relationships, reputation, and other social stigmas.
How Can a Lawyer Mitigate Long-Term Effects of a Criminal Record?
A convict’s record isn’t necessarily permanent. Following certain guidelines or meeting benchmarks after jail/prison time or probation, it’s often possible for criminal defense attorneys to expunge a record so it is no longer available to the general public or affects the ex-convict in any way moving forward. There are other ways to mitigate the consequences of having a criminal record. This includes:
- Plea Bargains: A defendant’s criminal attorney can negotiate with the prosecution and offer a plea deal to reduce charges and felonies into a misdemeanor. A misdemeanor–being a minor crime–is easier to get expunged.
- Expungement: To remove a conviction from the public record, lawyers can file for expungement or request that the criminal record is sealed.
- Diversion Programs and Conditional Discharge: If it’s a convict’s first charge, criminal defense lawyers can advocate for rehabilitation and charge dismissal. Conditional discharges require that a defendant meets certain goals and can have their charges expunged after a period of time.
- Challenging the Court: A defendant’s attorney can challenge an arrest and charges based on evidence suppression, invalid arrests, and other circumstances that may lead to a case dismissal and a criminal record being redacted. They can also defend you at trial and question whether or not that state has enough evidence to convict you beyond a reasonable doubt.
There are other methods legal teams use to either reduce or entirely expunge a defendant’s criminal record. Felonies are more complicated to erase, but it’s possible (with some felonies) if a defendant has the right legal team. A skilled attorney can provide valuable advice, represent the suspect in court, and work to achieve the best possible outcome. You can read more about expungement in Chapter 10.
