Criminal records are how the state tracks potentially dangerous individuals. By making certain records publicly accessible, the government helps ensure that dangerous people don’t end up in positions of authority or social trust.
Criminal records allow employers, landlords and various other parties to make informed decisions about whom they do business with or hire. Criminal convictions resulting from trials or guilty pleas can result in potentially permanent consequences for the convicted individual unless they take appropriate actions.
What are the effects of a criminal record?
Any serious criminal conviction is likely to have a major chilling effect on future opportunities. Any convictions that show up during a criminal background check can result in people losing out on opportunities to improve their lives.
Some employers have zero-tolerance policies for convictions during employment. Many others might consider a conviction along with other factors when deciding who to hire or promote. Quite a few employers perform background checks when hiring.
Those who have convictions may find it difficult to secure a job in the future. Even if they stay with the same employer for years, the conviction could turn up during the background check process when they seek out a promotion. A criminal record can affect their eligibility for financial aid or enrollment at institutions of higher education. Landlords might uncover a criminal record and negatively judge an individual.
Even personal relationships can suffer. Friends, co-workers and new romantic partners may be able to find information about a criminal record online and may share the information with others. People may cut ties with those who have broken the law in some cases.
How can a lawyer help?
There are several ways that an attorney can assist those concerned about a criminal record. The first and most useful involves assisting with a criminal defense. Lawyers can challenge evidence, seek the dismissal of charges or help clients negotiate plea bargains that result in less serious criminal records.
If a defendant gets convicted unfairly, an attorney can help them explore options for post-conviction relief, including an appeal of the initial court ruling. Even if an appeal isn’t possible, other forms of post-conviction relief could help. Some people may be eligible for record sealing in some cases.
Avoiding a criminal record often requires a thorough criminal defense strategy. Defendants who take assertive actions in response to pending criminal charges can potentially avoid a record that could affect their lives for years to come.