Criminal defense attorneys will tell you that there are consequences of a criminal conviction, beyond the time that you may serve in prison. Not only reputational effects from a conviction, but it can also lead to other collateral impacts on your life. You may find that you have difficulty finding a job or housing due to a criminal record. These are all factors that you need to consider when you have been charged with a crime and are deciding whether to plead guilty or fight the charges against you.
Although these impacts may not be determinative of the choice that you ultimately make, they are certainly things that you would need to consider in consultation with your criminal defense attorney after you have hired them. Below, we will explore these ideas further and discuss how a dedicated criminal defense attorney from Hogan Eickhoff can help you if you face criminal charges.
Once You Have Been Convicted, Your Record Is Largely Here to Stay
Expunging a crime from your record is very difficult in Wisconsin. Although there have been attempts to change the law, the current statute makes it hard to erase a criminal record except under very limited circumstances. Thus, you would be living with the effects of a conviction for some time to come, and perhaps for the rest of your life. Even if a considerable amount of time may have passed since your conviction, and you have been rehabilitated and restored to society, you cannot control what someone else may think of you. All they may be able to see is your name and the crime that you have been convicted of on paper in front of them.
Both employers and landlords are permitted to perform background checks on you before offering you a job or housing. It is their legal right under the law to know exactly who their tenant or employee will be. The background check would reveal your criminal history, including any past convictions. They would know the nature of the crime and the punishment that you received.
Employers Can Refuse to Hire You Under Certain Circumstances
Wisconsin does have a law on the books that is intended to protect people who have been convicted of a crime from being discriminated against when they are trying to find a job. The law states that an employer cannot refuse to hire an applicant solely based on their criminal history. However, there are exceptions to the law that can still allow an employer to refuse to hire you. The law states that an employer can refuse to hire you if the conviction “substantially relates” to the job duties that you are to perform.
You can imagine many scenarios when an employer may claim that your conviction can be substantially related to your job. For example, if you have been convicted of theft, and you are seeking employment to work in a store, the employer could claim that you have exhibited a record of dishonesty, and you are unfit to work in a job that could involve handling money or inventory.
If you have been convicted of domestic violence, and you are seeking to work with patients or children, you can also expect that you may be denied employment on the basis of your criminal record. Under the law, employers have the right to do this, and they would act to protect themselves from liability. They could be legally responsible in a lawsuit for failing to properly vet an employee who then causes harm to others.
Criminal Convictions May Be a Factor in Refusal of Housing
The same thing goes for a landlord when you are seeking housing. A landlord cannot deny you housing solely on the basis of a criminal conviction, but it is one factor that they can consider as part of the totality of the circumstances. The landlord would make a determination about whether to rent to someone with a criminal history on a case-by-case basis. If you have several factors working against you, a criminal history can tip the scales against you, and you can be denied housing.
If you try to sue for discrimination in housing or employment, the onus would be on you to prove that you were denied a job or a place to live due to your criminal record. These cases are not always easy to prove, and the employer or landlord may not always reveal their true reasons for the denial. It could be an uphill battle to win these cases. Accordingly, you could be weighed down by your criminal record under many scenarios in your life.
Your Criminal Defense Attorney Can Help You Evaluate Your Situation
When you hire a criminal defense lawyer for your case, they will help you understand what you need to know about your situation. Not only do they work to protect your legal rights, but they also explain what the exact effects of a conviction are. These are things that you may tend to overlook when you are under stress and can only see into the present. In some cases, your criminal defense attorney may be able to negotiate the offense down in a plea bargain or even work to have you enter into a diversionary program, which would not lead to a lasting criminal record for you. If you do not have help from an attorney, you may end up taking a quick deal, which can hamstring you for the rest of your life.
Contact an Appleton Criminal Defense Lawyer Today
If you find yourself facing charges, you need to speak to an experienced criminal defense lawyer immediately before you make any decisions in your case or do anything to compromise your legal rights. The experienced criminal defense attorneys at Hogan Eickhoff are in your corner, and we are just a phone call away.
You can visit our website or contact us today at (920) 450-9800 to speak with a criminal defense attorney and schedule a free initial consultation. Our team has defended various felonies and misdemeanors including sex offenses, domestic violence, property crimes, drug offenses, and violent crimes. We strive to provide legal representation to our clients in a non-judgmental manner while helping you mount a vigorous legal defense.