While it is obvious how being found guilty of a felony can be problematic in terms of what punishment will be received, there are several things to consider that extend past the courtroom and the potential jail time associated with the crime. These include issues such as employment, immigration, housing, and even gun possession, among others. A good felony defense attorney understands this.
What Happens Immediately After a Felony Conviction in California?
Once a felony conviction is entered, the case moves into sentencing. The judge reviews the offense, your criminal history, any mitigating facts, and the sentencing rules tied to that charge.
A felony sentence may include:
- State prison time
- Formal probation
- Fines and court fees
- Restitution
- Mandatory counseling or classes
- Community service
- Protective orders in some cases
Some consequences come directly from the judge’s sentence. Others attach automatically because of the conviction itself. That matters because certain penalties cannot be avoided through a lighter sentence. The only way to avoid them may be to avoid the conviction.
How a Felony Conviction Affects Employment in Orange County
Employment is one of the areas where people often feel the impact most. Many California employers can consider felony convictions during hiring, especially when the conviction relates to the job.
A felony record can create problems in fields such as:
- Healthcare
- Education
- Financial services
- Law enforcement
- Security work
- Contracting
- Jobs involving children, seniors, or vulnerable adults
California has rules about when employers may ask about criminal history and how they may use it. Still, a felony conviction is different from an arrest that did not lead to a conviction. It is part of the public record, and it can make job searches much harder in Orange County.
How Your Housing Will Be Affected by a Felony Conviction
It can be tough to find a place to live once you are convicted of a felony. Most private landlords will do a background check before renting their properties and will not accept applicants who have felony offenses on their records.
The type of public housing that you are eligible for might vary depending on the nature of the crime. This makes life after your legal ordeal more difficult. Orange County already is quite an expensive market for housing.
The Impact on Gun Rights
A felony conviction in California usually results in a lifetime ban on owning or possessing firearms. This includes guns bought before the conviction.
Violating that restriction can lead to a new felony charge. For clients who use firearms for work, sport, or personal reasons, this can be one of the most serious long-term consequences.
Expungement does not usually restore firearm rights. California Penal Code 1203.4 may dismiss certain convictions for record-cleaning purposes, but firearm rights are handled under separate state and federal laws.
Immigration Consequences of a Felony Conviction
For anyone who is not a United States citizen, a felony conviction can create immigration problems that may be as serious as the criminal case itself.
Possible immigration consequences may include:
- Deportation
- Inadmissibility
- Loss of lawful permanent resident status
- Trouble renewing immigration benefits
- Difficulty applying for citizenship
California law requires defense attorneys to advise non-citizen clients about possible immigration consequences. Still, warnings are not enough. Immigration risk should be part of the defense strategy from the start, not after a plea has already been entered.
How Felony Convictions Affect Professional Licenses
A felony conviction can trigger review by a licensing board. The California Department of Justice may report convictions to certain boards, and many licensed professionals have their own reporting duties.
Licenses that may be affected include:
- Medical licenses
- Nursing licenses
- Teaching credentials
- Contractor licenses
- Real estate licenses
- Law licenses
- Financial and security licenses
Some boards suspend or revoke a license automatically. Others review the facts and decide whether discipline is appropriate. Either way, the conviction can reach far beyond the courtroom.
Can I Have My Felony Offense Stricken From My Criminal Record?
Many times, post-conviction relief might be a viable avenue. The proper type of relief will depend on the offense, the sentence imposed, one's criminal history, and events since the conviction.
The most common types of relief can include:
- Expungement according to Penal Code 1203.4
Appropriate felony offenses can be dismissed upon completion of probation, assuming one was not incarcerated in state prison. - Resentencing pursuant to AB 600
Courts are able to revisit and modify certain sentences in the event that the initial sentence no longer applies due to changes in laws or facts. - Racial Justice Act Relief
This Act provides for challenges to sentences and convictions in the context of racial discrimination.
Post-conviction relief is quite valuable in certain instances; however, relief does not mean that there will not be consequences to having been convicted.
Why the Consequences Matter Enough to Defend Yourself
The implications of a felony case reach beyond whether one will spend time in jail or prison. The case could have impacts on your job, housing, family life, immigration situation, and future prospects.
This is why your defensive strategy needs to be thought out from the very beginning and take into account all the consequences that a case could bring with it. The idea here is to not only defend against an accusation but also minimize its possible negative effects.
Tammy has defended people facing felonies in the Orange County courtrooms for years. Tammy has worked on cases related to murder charges, gun possession, assault, domestic violence, and post-conviction relief.
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