The Impact of a Felony Conviction on Your Record in West Virginia: What You Need to Know
Being convicted of a felony is a serious matter with long-lasting consequences. A felony conviction in West Virginia can affect nearly every aspect of your life, from your employment prospects to your ability to vote, travel, or even own a firearm. At Frank Walker Law, we understand the weight of a felony conviction and are committed to helping individuals who are facing criminal charges understand the full impact of such a conviction, as well as how to protect their future.
In this blog post, we’ll discuss the long-term consequences of a felony conviction in West Virginia, how it can affect your record, and what steps you can take to minimize the impact on your life.
What Is a Felony Conviction?
A felony is a serious criminal offense that carries a potential prison sentence of over one year. Felonies can range from drug crimes and assault to murder, fraud, and white-collar crimes. In West Virginia, felonies are classified into different categories depending on the severity of the offense, with some felonies carrying the possibility of life imprisonment or even the death penalty for the most serious crimes.
While the specific consequences of a felony conviction vary depending on the crime and other factors (like prior criminal history), the impact on your criminal record can be profound, affecting your personal and professional life in ways that may seem overwhelming.
How a Felony Conviction Impacts Your Criminal Record
A criminal record is essentially a public record of your past interactions with law enforcement and the criminal justice system. When you’re convicted of a felony, that conviction becomes a permanent part of your record unless it is successfully expunged (which is not possible for all felonies, especially serious ones).
Here’s how a felony conviction can impact your criminal record:
1. Employment Challenges
One of the most significant consequences of a felony conviction is its effect on your ability to find or maintain employment. Many employers conduct background checks as part of the hiring process, and a felony conviction will likely show up in these checks.
Even if the felony occurred many years ago, it can still impact your job prospects, especially in fields where trustworthiness or security clearance is essential, such as government positions, healthcare, or financial services. Some employers may refuse to hire individuals with felony convictions, while others may be more willing to consider your application depending on the nature of the crime and the time that has passed since the conviction.
At Frank Walker Law, we work with clients to identify ways to minimize the impact of a felony conviction on their employment, including exploring options like expungement or job-specific restrictions that may apply in certain cases.
2. Loss of Voting Rights
In West Virginia, a felony conviction can also result in the loss of your right to vote. Felons are disenfranchised in the state, meaning they lose the ability to vote in state and federal elections while serving their prison sentence. However, once a felon has completed their sentence—including parole or probation—they can regain their voting rights.
It’s important to understand that while a felony conviction may take away your voice in the democratic process temporarily, restoration of voting rights is possible once you’ve completed your sentence.
3. Restrictions on Firearm Ownership
A felony conviction also means that you are prohibited from owning or possessing firearms in most cases. Under both federal and state law, individuals convicted of a felony are not allowed to purchase, own, or possess firearms, ammunition, or explosives.
This restriction can have a significant impact on your rights, especially if you have a job or hobby that involves firearms, such as hunting or working in law enforcement. Violating this restriction can lead to additional criminal charges, so it’s important to understand the consequences and the steps you can take to avoid violations.
4. Difficulty Securing Housing
Finding housing after a felony conviction can be a major challenge. Landlords often conduct background checks to screen potential tenants, and a felony conviction can be a red flag. This is especially true for certain types of felonies, such as drug convictions or crimes involving violence.
While federal law prohibits landlords from discriminating against tenants based on their race, color, religion, national origin, sex, familial status, or disability, felons can still face barriers in securing rental properties. Some landlords have policies in place that automatically disqualify applicants with felony convictions, regardless of the nature of the crime.
It’s important to note that the Fair Housing Act provides some protections, but it’s still a reality that a criminal record can limit your housing options. Having an experienced attorney on your side can help you navigate these challenges and explore ways to mitigate the effects of a felony conviction on your housing search.
5. Immigration Consequences
For non-citizens, a felony conviction can have significant immigration consequences. In some cases, a felony conviction may result in deportation, inadmissibility, or denial of naturalization. Even if you are a lawful permanent resident (green card holder), a felony conviction could jeopardize your ability to remain in the country.
If you are a non-citizen and facing felony charges, it’s crucial to consult with an attorney who has experience in both criminal defense and immigration law to understand the full range of consequences and the best ways to protect your immigration status.
6. Social Stigma and Personal Impact
Beyond the legal and practical consequences, a felony conviction can also carry a social stigma. People convicted of felonies often face judgment or prejudice from society, which can affect their relationships, social status, and sense of self-worth. The emotional and psychological toll can be significant, especially if the conviction affects your family life or personal relationships.
At Frank Walker Law, we understand the emotional impact that a felony conviction can have on a person’s life, and we work to provide not only legal guidance but also support for our clients as they navigate this difficult experience.
What Can You Do to Minimize the Impact of a Felony Conviction?
While a felony conviction can have lasting consequences, there are steps you can take to minimize its impact:
1. Expungement: Some convictions may be eligible for expungement, which is the legal process of having a conviction removed from your record. However, not all felonies can be expunged, especially serious offenses. An experienced attorney can help determine whether expungement is a viable option.
2. Pardons and Sentence Reductions: In some cases, individuals can apply for a pardon or a sentence reduction. A pardon from the governor may restore certain rights, such as the ability to vote, and can help improve your chances of securing employment or housing.
3. Rehabilitation and Good Character: Demonstrating that you’ve made efforts to turn your life around can go a long way in mitigating the effects of a felony conviction. This could involve completing rehabilitation programs, maintaining steady employment, or getting involved in community service.
4. Legal Representation: The most important step you can take if facing felony charges is to seek experienced legal representation. At Frank Walker Law, we provide aggressive defense strategies that aim to reduce charges or even secure dismissals. If you’ve already been convicted, we can explore options like appeals, sentence reductions, or expungements to give you the best chance at a fresh start.
Conclusion
A felony conviction can impact almost every part of your life, but it doesn’t have to define your future. With the right legal support and a commitment to turning things around, it is possible to overcome the obstacles that a felony conviction presents.
If you or a loved one is facing felony charges in West Virginia, don’t face it alone. Contact Frank Walker Law today to discuss your case and learn how we can help protect your future. Call for a consultation or reach out online. We’re here to help you navigate the complexities of the criminal justice system and give you the best chance at a positive outcome.
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.