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Dealing With the Impact of a Criminal Record

Posted on in Criminal Defense

criminal background check, San Jose criminal attorney, criminal record, court hearing, criminal charges, criminal defense lawyerWhen facing any type of criminal charges, your immediate concern is likely to be avoiding arrest or potential jail time and minimizing the amount in court costs and fines you may have to pay. While these are vital issues in any criminal defense, it is also important to consider the future impact your charges and conviction could have on other areas of your life.

A criminal past could pose problems in seeking employment in certain fields, getting educational loans, and even obtaining housing. This is one of the reasons why it is so important to have an experienced criminal defense attorney on your case.

Potential Impacts of a Criminal Record

If you are stopped for a traffic violation or other seemingly minor charge, you may think it unlikely that it could have an impact on your future. Unfortunately, the exact opposite is true. In addition to the penalties you face upon conviction, even minor charges can have major impacts. It could affect your employment prospects, influence family court proceedings, limit your educational options, and prevent you from obtaining a mortgage or a lease on an apartment.

Under the California Labor Code, employers are prohibited from making hiring decisions on the grounds of an arrest or charges on which you were not convicted. This includes diversionary programs which you entered on a plea of ‘no contest’. Even if these charges appear on your background check, your employer is not supposed to factor the information in decisions regarding hiring or promotions. However, provided they can find other excuses for not hiring you, the fact is they can often get away with doing just that.

In terms of student loans, mortgages on a home, or apartment leasing agreements—depending on the type of criminal charge—it is likely that criminal charges will not to factor into the approval decision. However, criminal charges can leave you with court costs, fines, and legal fees you are unable to pay, while bail bonds often involve liens on property they can get overlooked. These will show up on your credit report and could negatively impact you during the approval process.

Dealing With Criminal Charges

If you faced criminal charges in the past, you may want to get a copy of your credit report just to ensure all outstanding fines and costs were paid. It is also a good idea to get a copy of your criminal record from the California Department of Justice, so that you are aware of any information that is likely to be passed along in a criminal background check.

If you were charged with a crime in Santa Clara County in the past, you may be eligible to have your record expunged. This is only an option if you did not serve time in a state institution and are not currently facing charges.

If you have been charged and are awaiting a court hearing or trial, your best option for reducing the potential ramifications is to get an experienced San Jose criminal attorney on your side, to immediately begin the process of building a strong defense. Call or contact Jachimowicz Law Group online today to discuss the options available.

Sources:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=432.7.&lawCode=LAB

https://www.sccgov.org/sites/pdo/cases/pgms/Pages/expungement.aspx

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