A criminal record can cast a long shadow over your life, impacting everything from career prospects to housing and personal relationships. Here in Southeast Florida, where competition for jobs is fierce and background checks are routine, even a minor criminal conviction can create significant barriers to employment. As an experienced Fort Lauderdale criminal defense attorney, I’ve seen firsthand how a strategic legal defense and proactive measures like expungement can mitigate the impact of a criminal record and help individuals rebuild their lives.
In this article, we’ll explore the various ways a criminal record affects employment opportunities and other aspects of life in South Florida. We’ll also delve into how a skilled criminal defense attorney can help you navigate these challenges.
The Ripple Effects of a Florida Criminal Record
A criminal conviction doesn’t just lead to fines or jail time. It can have lasting consequences on many areas of your life. Among these:
Employment
- Background Checks: Employers in Florida frequently conduct background checks, particularly in industries like healthcare, education, and finance. A conviction for theft, violence, or drug-related offenses can result in automatic disqualification for many positions.
- Professional Licenses: Certain professions—such as nursing, real estate, and law—require licenses that may be revoked or denied due to a criminal record.
- Job Applications: Florida law allows employers to ask about criminal history, and answering dishonestly can lead to termination if discovered later.
Housing
Many landlords in South Florida perform criminal background checks before renting properties. A record of violent or drug-related offenses may disqualify applicants or require additional deposits and conditions.
Education
Certain scholarships, financial aid programs, and college admissions may be denied to individuals with criminal records. Federal student loans may also be restricted for drug-related convictions.
Family Court
A criminal record can be used as evidence in child custody battles or divorce proceedings, potentially impacting parenting rights or visitation schedules.
Personal Relationships and Reputation
The stigma of a criminal record can lead to strained personal relationships and a diminished standing in the community, making it more challenging to network professionally or socially.
How Broward Criminal Defense Lawyer Can Mitigate Career Damage
The good news is that your criminal record doesn’t have to define your future. With the help of an experienced Fort Lauderdale criminal defense attorney, you can take steps to minimize its impact.
Pleading Down Charges
One of the first ways a defense lawyer can help is by negotiating with prosecutors to plead your charges down to a lesser offense. For example:
- Reducing Felonies to Misdemeanors: A felony conviction carries much harsher penalties and long-term consequences. Pleading down to a misdemeanor can make a significant difference in employability.
- Diversion Programs: For first-time offenders, Broward County offers diversion programs, such as pretrial intervention, that allow defendants to avoid a formal conviction upon successful completion.
Expungement or Sealing of Records
Expungement or sealing a criminal record can greatly improve employment opportunities. While not all offenses are eligible, many individuals can benefit from this process.
- Eligible Offenses: Under Florida Statute §943.0585, certain offenses are eligible for expungement, provided the individual was not convicted and has completed any probation or diversion program. Eligible offenses generally include non-violent misdemeanors, juvenile offenses, and first-time felonies that have been dismissed.
- Ineligible Offenses: Crimes such as sexual offenses, violent felonies, and DUI convictions are typically ineligible.
Overview of Expungement in Broward County
The expungement process involves several steps:
- Eligibility Check. Your attorney will confirm whether your case meets the criteria for expungement or record sealing.
- Certificate of Eligibility. Apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE).
- Court Petition. File a petition with the Broward County court. A judge will review the case and decide whether to grant the request.
- Record Update. If approved, the record will be sealed or expunged, removing it from public view.
Florida’s Fair Chance Act
To provide additional protection for individuals with criminal records, Florida passed the Fair Chance Act in 2020, which prohibits federal employers from inquiring about criminal history until after a conditional job offer has been made. While this law applies to federal positions, it sets an encouraging precedent for private-sector employers in South Florida.
Moving Forward with Confidence
If you’re dealing with the fallout of criminal charges, it’s essential to consult a knowledgeable Fort Lauderdale criminal defense attorney. From negotiating charges to pursuing expungement, a lawyer can help you navigate the complex legal landscape and reclaim control over your career and future.
Don’t let a past mistake define your life. Contact our office today to discuss your options and start building a brighter tomorrow.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
More Blog Entries:
How Can I Have My Fort Lauderdale Criminal Record Sealed or Expunged? Oct. 17, 2022, Fort Lauderdale Criminal Defense Lawyer Blog