Collateral Consequences

A conviction doesn’t automatically bar a person from jobs, but employers will informally discriminate against someone with a criminal conviction. Research has shown that applicants with a criminal record were called back at half the rate or less than applicants without a record.

Convictions may delay or limit a person’s ability to get a job in certain fields, like nursing, daycare, teaching, or working in a hospital in any capacity.

Some jobs or professions that have barred licensure of those with convictions:

Property managers are allowed to discriminate based on an individual’s ability to pay. Additionally, they are allowed to ask about a person’s criminal conviction history and consider it if they are doing so based on resident safety.

Public Housing: Convictions for manufacturing methamphetamine in public housing and convictions that require lifetime sex offender registration directly bar an individual from being eligible for public housing.

In Wisconsin and Minnesota, felons cannot vote until supervision, jail or prison with extended supervision is complete and their civil rights have been restored. You also cannot serve on a jury or hold public office (until pardoned).

Certain convictions are automatic grounds for termination of parental rights (homicide of the child or prostitution of the child.  Similarly, if a child is conceived as a result of a crime, rights to that child may be automatically terminated.  Other convictions for crimes against the child of the defendant may also effect parental rights.

Criminal convictions may also make it difficult or impossible for an individual to be a foster or adoptive parent.

Incarceration does NOT relive an individual of their responsibility to pay child support. If an individual is facing a long period of incarceration, they need their attorney to modify their child support so it doesn’t not go into arrears.

Probationary sentences always include direct restrictions on an individual’s freedom of movement and choice. Furthermore, Wisconsin Act 79 allows law enforcement to search individuals on probation if they reasonably believe that the person has committed, is committing, or is about to commit a crime.

Individuals placed on probation, extended supervision or parole find that they already have limited freedom compared to the daily lives of those without criminal convictions. Not only can they be searched at practically any time for any reason – but a simple rule violation or disagreement with his/her probation officer can quickly accelerate to a probation violation hold.

These holds are seemingly endless and there is no requirement the court set bail – so individuals can be held in custody for weeks without any insight as to why or how long it will last while their officer decides if they will pursue revocation. Hiring an attorney can not only alleviate these negative feelings – but Attorney Coss has been successful at obtaining negotiated settlements, ATRs and outright dismissal of revocations. She especially enjoys the challenge of a revocation and a new criminal case with the same client.

If you are on probation, you must get prior approval from your agent before leaving the state. International travel can also be denied based on a criminal record, such as in Canada.

A criminal conviction can carry significant immigration consequences. Because immigration law is a specialized area that this firm does not practice, we recommend consulting with an experienced immigration attorney to work in conjunction with our firm in defending any criminal charges.

If you are convicted of a felony in Wisconsin, you are prohibited from possessing a firearm. Wis. Stat. 941.29. The only way to restore your gun rights is through a pardon. Additionally, those convicted of a misdemeanor crime of domestic violence are generally prohibited by federal law from firearm possession.