Consequences of Your Criminal Conviction

People do not realize how ANY criminal conviction may or can affect several things:

Immigration Status/Deportations/Employment/Job Applications/ Professional Licensing/Driver’s License (DMV)

A criminal conviction could affect someone’s life outside of the home and the criminal justice system. As your attorney, Ms. Garcia would keep aware of possible consequences of a criminal conviction and keep them in mind when negotiating and handling your case. Depending on the possible consequences, you and your attorney may decide to handle your case in a particular way.

Criminal Conviction: Immigration Consequences

If you are not a United States or naturalized United States citizen, a criminal conviction
may affect your immigration status. If you are convicted of any crime considered an
aggravated felony, you will be deported. The INS does not care if you grew up in
this country, speak English, and all your family lives in the United States, or that you
know no one in your country of origin. The law allows no leeway or remedy if you are
convicted of an aggravated felony.

Additionally, certain crimes are considered crimes of moral turpitude. If you are
convicted of a crime of moral turpitude, INS may try to deport you. Depending on your
conviction and criminal history, you may be eligible for a waiver of deportation.

The immigration consequences are too many and too complicated to explain here.
Ms. Garcia is concerned for you and your family and would work to avoid harsh
immigration consequences for you such as a deportation or sitting in INS jail. Based on
her experience in federal court and her knowledge of immigration laws, Ms. Garcia will
take care of both your criminal case and any immigration consequences.

Criminal Convictions and Professional Licensing

If you hold a professional license, a criminal arrest or conviction may result in your
losing your license. You and your attorney should review your profession’s rules of
ethics or other related applicable canons and rules.

This may include but is not limited to:

  • Dentists
  • Doctors
  • Lawyers
  • Nurses
  • Pilots
  • Truck drivers
  • And other professions

Employment After a Criminal Conviction

Take time to review your employer’s handbook or contract you may have signed with
your employer. Some employers may require you to notify them if you are arrested
or convicted. This is a tricky are in which you must be careful. Unfortunately, if you
were in jail and missed work, arrested at your job site, or if you have had to notify your
employer to get time off for court, your employer might be aware of your arrest and
pending criminal case. Ms. Garcia would help you decide what is best for you and how
to best comply with your employment’s requirements.

JOB APPLICATIONS

You must take note if you are in the middle of a job application process when answering
questions regarding criminal arrests or convictions. Ms. Garcia would help you decide
how best to answer these types of questions or handle a similar situation.

Additionally, you must keep in mind that a criminal conviction could prevent you from
getting a particular job in the future. Ms. Garcia will fight to prevent a conviction which
could negatively impact your future job prospects or career.

Expungements of Criminal Conviction

If you plead guilty or were found guilty of a crime by a jury or judge, you may be able to expunge your conviction. This would mean that the conviction would be taken off of your record. The law, however, permits only certain types of criminal convictions to be expunged. Consequently, if you are asked on a job application whether you have ever been convicted of a crime, you may answer “no” if your conviction has been expunged. Know, however, that although the law permits expunging many criminal convictions, the law does not allow every type of criminal conviction to be expunged. Ms. Garcia can tell you whether you qualify for an expungement and handle the expungement process for you.


View List of Aggravated Felonies in the US

Mayra L. Garcia – Your San Diego Lawyer

The San Diego Law office of Mayra L. Garcia is conveniently located Downtown San Diego at 185 West F Street, between Front Street & First Avenue.