The Collateral Consequences of a Criminal Conviction in West Virginia
A criminal conviction in West Virginia can have far-reaching effects that extend well beyond the courtroom. While jail time, fines, and probation are the immediate consequences many think of when facing criminal charges, the collateral consequences of a conviction can be just as damaging—and sometimes even more enduring.
At Frank Walker Law, we understand that being charged with a crime in West Virginia is not just about the legal penalties you might face. It's about how a conviction can impact your life long after your sentence is served. In this blog post, we’ll explain the collateral consequences of a criminal conviction and why it’s crucial to have an experienced attorney by your side to help mitigate these effects.
What Are Collateral Consequences?
Collateral consequences are the additional, often hidden effects of a criminal conviction that can follow you for years, even after you’ve completed your sentence. These consequences are typically not part of the formal sentencing but can severely impact your ability to move forward in life. Some of these consequences may apply to your job, housing, reputation, relationships, and other aspects of your daily existence.
In West Virginia, like many states, collateral consequences of a criminal conviction are often permanent and affect both your immediate future and long-term opportunities. The good news is that a skilled criminal defense attorney can help you understand these consequences and work to minimize them.
1. Employment and Career Limitations
One of the most significant collateral consequences of a criminal conviction is the impact it can have on your career. A conviction can show up on background checks and make it difficult, if not impossible, to get hired in certain fields, especially those involving work with children, vulnerable adults, or in positions of trust. Many employers have policies that automatically disqualify applicants with criminal records, regardless of the nature of the offense.
Potential Employment Barriers:
Job Applications: Many employers require applicants to disclose any criminal convictions. This disclosure can result in the automatic disqualification from the job, even if the crime was committed years ago.
Professional Licenses: If you hold a professional license (e.g., in law, medicine, teaching, or accounting), a criminal conviction may result in the suspension or revocation of that license.
Career Advancement: Even after getting hired, you might face difficulty advancing in your career if your employer learns about your criminal history.
2. Housing Issues
A criminal conviction can also affect your ability to secure housing. Whether you’re looking to rent an apartment or purchase a home, a criminal record can raise red flags for landlords and mortgage lenders.
Housing Barriers:
Rental Applications: Many landlords conduct background checks as part of the rental application process. A criminal conviction, particularly for violent crimes or drug-related offenses, could result in the rejection of your application.
Public Housing: If you apply for public housing, a criminal conviction may disqualify you, especially if the offense is related to drug use, violent behavior, or other offenses that could threaten the safety of other residents.
3. Family and Custody Implications
A criminal conviction can severely affect your relationships with family members and your ability to maintain custody of your children. West Virginia courts often look closely at a parent’s criminal history when making decisions about child custody and visitation rights.
Impact on Family Life:
Custody Disputes: If you’re going through a divorce or custody battle, a criminal conviction could be used against you to argue that you are an unfit parent.
Visitation Rights: In some cases, a conviction may result in restrictions on your visitation rights with your children. If you are convicted of domestic violence or child abuse, for example, you may be prohibited from having contact with your children.
Additionally, the stigma of a criminal conviction can strain your personal relationships, as loved ones may lose trust or distance themselves from you.
4. Voting Rights
In West Virginia, certain felony convictions can lead to the loss of your right to vote. While some rights may be restored after serving your sentence, the loss of voting rights can impact your ability to participate in elections and have a say in the political process.
Restoration of Voting Rights:
If you’re convicted of a felony, you may lose the right to vote. However, in West Virginia, your voting rights can be restored after you have completed your sentence, including probation or parole.
For misdemeanors, your voting rights are not affected.
It’s important to be aware of how a criminal conviction might impact your political voice, especially during important elections.
5. Impact on Education and Scholarships
A criminal conviction can also affect your ability to further your education. Whether you’re applying to colleges or seeking financial aid, certain criminal convictions can limit your options.
Educational Barriers:
College Applications: Many colleges and universities conduct background checks as part of the admissions process. A criminal record may impact your eligibility for acceptance or specific academic programs.
Federal Student Aid: If you are convicted of a drug-related offense, you may be ineligible for federal financial aid such as Pell Grants, student loans, or work-study programs.
Scholarships: Many scholarships require applicants to have a clean criminal record, and a conviction could disqualify you from receiving financial assistance.
6. Loss of Civil Rights
In some cases, a criminal conviction can lead to the loss of certain civil rights, such as owning firearms or serving on a jury.
Examples of Civil Rights Loss:
Firearm Ownership: Felony convictions typically result in the loss of the right to own or possess firearms under both state and federal law.
Jury Service: Convictions for certain serious offenses can disqualify you from serving on a jury, which could have implications for your ability to participate in the justice system as a juror.
7. Social Stigma and Reputational Damage
Perhaps one of the most damaging collateral consequences of a criminal conviction is the social stigma that often accompanies it. A criminal conviction can affect your reputation in your community, your relationships, and your self-esteem.
Reputation Issues:
Social Relationships: Family members, friends, and colleagues may distance themselves from you due to your criminal record, making it harder to maintain relationships.
Public Perception: In some cases, news about your conviction may be widely reported, and the social stigma can last long after the sentence is served.
8. How an Experienced Attorney Can Help
While the collateral consequences of a criminal conviction may seem overwhelming, having an experienced criminal defense attorney on your side can help minimize or avoid many of these long-term effects. At Frank Walker Law, we work with clients to develop strong defense strategies aimed at reducing the severity of the charges, seeking alternative sentencing options, or negotiating plea deals that limit the impact on your future.
Ways We Can Help:
Plea Bargaining: In some cases, we can negotiate a plea deal to reduce the charges or avoid certain consequences, such as jail time or a criminal record.
Expungement: Depending on the nature of your conviction and the laws in West Virginia, we may be able to help you expunge (remove) your criminal record, improving your chances for employment, housing, and restoring your rights.
Alternative Sentencing: Instead of jail time, we may be able to help you secure probation, community service, or participation in rehabilitation programs, minimizing the long-term consequences.
Contact Frank Walker Law Today
If you’ve been charged with a crime in West Virginia, it’s crucial to understand not only the immediate penalties but also the long-term impact that a conviction can have on your life. Frank Walker Law is committed to defending your rights and helping you navigate through the complexities of the criminal justice system.
Contact us today to schedule a consultation. Let us help you protect your future and fight for the best possible outcome.
At Frank Walker Law, we believe everyone deserves a second chance. Don’t let a criminal conviction define your future. Reach out today, and let us help you take the first step toward a brighter tomorrow.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.