Conviction Consequences

Besides the possibility of a jail sentence and heavy fines, there are many "collateral" consequences of a criminal conviction that only raise their ugly heads after conviction. These "After the fact" penalties often do not come up during the course of a criminal case, but they are things that every accused person should be aware of:

1. Immigration. A criminal conviction, either misdemeanor or felony, can have a profound impact on non-citizen defendants. Often, the advice of an Immigration attorney is needed to determine whether a criminal conviction will subject an accused person to deportation.

2. Legal Financial Obligations. If you enter a plea or are convicted at trial, you will be required to pay a variety of costs, which may include fines, court fees, restitution, victim penalty assessments, drug fund fees, and attorney fees if you are represented by a public defender. These costs become payable after completion of your sentence, and a 12% interest rate is charged on the outstanding balance.

3. Employment. A criminal conviction can prevent you from obtaining, or cause you to lose a job dealing with vulnerable adults or children, obtaining certain DSHS and other State licenses or certifications, being a school employee, contractor, or bus driver, or even a school or social service volunteer. Certain convictions prevent a person from ever working in a financial institution or insurance business, holding positions in a union, working in the pharmaceutical field, and even tow truck operators.

4. Housing. Landlords are permitted to screen potential renters and deny housing based on prior criminal convictions. A Landlord may also deny housing to persons engaged in drug use. A Landlord may also evict persons who are arrested but not necessarily convicted for assaults occurring on the property, unlawful use of firearms, or engaging in gang or drug related activity.

In addition, federal law may require denial of public or subsidized housing or eviction of persons who have committed certain crimes. These crimes include sex offenses and manufacturing methamphetamine. There are also a variety of bans on admission to public housing including a reasonable belief that a household member is engaged in illegal drug use or alcohol abuse.

5. Public Benefits. A criminal conviction may result in a cut off of welfare payments, SSI, SSDI, while the person is incarcerated.

6. Family Issues. People charged with, or convicted of, certain crimes may be impacted in family court proceedings, including termination of parental rights, child custody and visitation, and child support.

7. Driver's License. A variety of traffic crimes or other crimes involving the use of a motor vehicle will result in suspension or revocation of one's drivers' license.

8. Right to Possess Firearms. Anyone convicted of a felony loses the right to possess or control any type of firearm, including rifles, shotguns, and handguns. In addition, people convicted of any Domestic Violence misdemeanor also lose this right. You can have your firearm rights reinstated after meeting certain criteria by getting a Court to Restore your rights (See section of "Clearing Your Record").

9. Voting Rights/Jury Duty. Until a convicted felon has completed his/her sentence and post sentence probationary requirements, they may neither vote nor be on a jury.

10. Federal Student Loans. People convicted of any drug offense, including juveniles, are not eligible for federal student loans, grants, or work study assistance.

11. Military Service. With some exceptions, almost every branch of the military bars service for anyone convicted of a felony.

12. Travel to Canada. A person may be denied entry at the Canadian border if Canadian authorities determine that an individual has "inadmissible" criminal history. The "history" may include simply an arrest without a conviction, and may be either for a felony or a misdemeanor, particularly DUI's. Before you plan that trip to Canada, you may wish to contact Canadian authorities to determine whether they will allow you to cross their border.

(** This section based wholly or in part on "Beyond The Conviction", by Kim Ambrose, published by the Washington Defender Association).

When you're convicted of a crime in Washington, the penalties don't end at the Courthouse. The "baggage" of conviction or even an arrest can dramatically impact your family, job, home, citizenship, and social benefits you were previously entitled to.

To help avoid these pitfalls, Never Go to Court Without An Experienced Attorney!! Call Robert McKay & Associates right now, (877)242-4808 for an immediate consultation!!