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July 27, 2019

Collateral Consequences of an Indiana Criminal Conviction

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Posted by: GDS Law Group, LLP

Criminal convictions, even for misdemeanor charges, can have serious consequences long after any judicial penalty has passed. These consequences could include being barred from your chosen profession to undermining your custody rights. While it may seem easier and less costly to forego legal representation when you face a criminal charge, you need to consider how it will impact your life long term.

Fortunately, our experienced criminal defense attorneys at GDS Law Group can help you avoid the collateral damage of an Indiana criminal conviction. It’s important to contact us right away if you are facing criminal charges. The sooner we learn the facts of your case, the quicker we can build a strong defense. Give us a call at 765-313-7092 or use our online contact form for an appointment at our Anderson or Noblesville offices.

Consequences of a Criminal Conviction

A criminal conviction could result in various penalties, as set forth in local or state law. Some convictions may only bring a fine and probation, while others might result in incarceration. Unfortunately, your problems may not end just by paying your fine or doing your time. Your subsequent record may affect your employment, housing, education opportunities, and parenting rights.

One of the greatest consequences of an Indiana criminal conviction could be to your employment. While some states have started limiting the use of background checks, employers are not required to hire those with criminal histories. In addition, jobs that provide access to vulnerable populations, such as children and the elderly, usually require a criminal record check. Your conviction may prevent you from being hired.

Similarly, if you hold a professional license, or are planning to, such as for law, accounting, or education, a criminal conviction could result in your license being revoked or denied. Years of education, training, and work in a job you love could be jeopardized by a criminal conviction.

Even if your employer does not find out about your driving under the influence conviction, if your driving privileges are suspended or limited to certain hours your position could be in jeopardy. A drug conviction when you are in a position requiring heightened safety, such as construction or manufacturing, likewise could result in termination.

Beyond employment issues created by Indiana criminal convictions, if you are charged with and convicted of sex offenses, you face even more peril. Reporting and registering requirements to neighbors, employers, and schools can lessen where you live, work, and learn.

Finally, the consequences you might face for your conviction can include loss of custody and restricted visitation if you share parenting. Loss of driving privileges, or of a job, might be used as evidence of changed circumstances triggering a review of your parental rights.

What About a Second Chance?

For certain criminal convictions, you may be able to get a “second chance” and have your criminal record sealed for some select purposes. About six years ago, the Second Chance Law went into effect and now provides restricted access to criminal history under certain circumstances. Employers, for example, won’t see your criminal conviction if your application to this program is successful.
To be eligible for consideration under the Second Chance Law, you must either be:

  1. found not guilty through adjudication or have a conviction vacated;
  2. convicted of a misdemeanor, including a class D felony reduced to a misdemeanor;
  3. convicted of a non-violent felony; or
  4. convicted of a violent or sex felony.

However, there are exceptions that could exclude you from eligibility.

Because there are several requirements and restrictions in the Second Chance Law, contact us to determine if you are eligible. If you are, we can help with your petition to give you the best chance of prevailing. Let’s talk today about how this law can provide important legal protections that help you get your life back on track after a criminal conviction.

Mitigate The Consequences of an Indiana Criminal Conviction

The consequences of a criminal conviction don’t stop with the payment of fines, jail time, or probation. A conviction may affect your employment, education, where you live, or even your parenting rights. Our criminal defense attorneys will fight to protect your rights and mitigate the impact of a conviction on your life. To schedule a free consultation on your case, contact GDS Law Group, today at 765-313-7092 .

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