A criminal conviction in the state of Florida has collateral consequences which may affect employment opportunities, educational opportunities, housing, and even firearm rights. There are two general categories of crimes with the lower level being a misdemeanor and the higher level being a felony. While there are consequences to any criminal conviction it is important to understand that there are much more severe consequences to a felony conviction.
If an offender is convicted of a misdemeanor, they may face up to 365 days of imprisonment whereas a person who is convicted of a felony may face punishment as severe as the death penalty. There are three levels of a felony crime –first degree, second degree, and third degree. A third-degree felony is punishable for up to five years of imprisonment, a second-degree is punishable for up to fifteen years, and a first-degree felony is punishable for up to thirty years. For some first-degree felonies the punishment may be life or even death penalty depending on the nature and circumstances of the crime committed.
A conviction of a crime creates a permanent criminal record that is visible on criminal background checks typically conducted in the application process of employment, education, and even housing applications. Landlords may be reluctant to rent out to people with felony convictions as they may put other tenants at a risk of danger in the community. Colleges may be reluctant to admit students who have been convicted of dangerous or violent crimes.
A felony conviction can lead to long term effects on an individual’s voting rights, their qualifications for jury duty, their ability to hold public office, firearm rights, and other restrictions as the court finds applicable. Employment and educational opportunities may also be affected, as well as access to public assistance and housing due to the criminal conviction.
In the state of Florida, when an offender is designated by a court as a sex predator or sex offender committing this will lead to the requirement that the offender be registered on the sex offender list for the remainder of their life. The state of Florida defines the word “conviction” broadly when it comes to sex offender registry requirements therefore it includes instances in which adjudication is withheld.
Lewd and lascivious sexual acts against children, child pornography, kidnapping a min or, or abusing a disabled or elderly person are all crimes which will lead to registering as a sex offender. Having a withhold of adjudication for a criminal conviction does not exempt an offender from complying with the Florida sex offender registry requirements pursuant to Florida Statute § 943.0435.
In some cases, a criminal conviction can lead to a loss in parental rights including the altering of established parenting plans and timesharing schedules. This is especially true if the crime the offender has been convicted of includes instances of domestic violence or child abuse. Courts typically focus on whether the child is in harm or danger and Florida courts presume that equal timesharing and shared parental responsibility is in the best interest of the child unless competent, substantial evidence is provided to suggest otherwise.
Florida courts are very careful to remove parental rights and presumes that 50/50 timesharing and parental responsibility is in the best interest of the child. This is a rebuttable presumption that can be overcome by evidence of instances of abuse to the child, neglect of the child, or other domestic violence which may have harmed the child.
People without American citizenship who live in the United States of America are vulnerable to deportation upon the conviction of serious or dangerous crimes. The presidential “Protecting the American People Against Invasion” executive order is drastically expanding deportation efforts in the United State of America. Depending on the circumstances a person who is not an American citizen may even be deported upon the conviction of a criminal violation that is non-violent.
A criminal conviction of a felony may also affect an offender’s ability to freely travel inside and outside the United States of America. If an offender is placed on probation following the resolution of a criminal proceeding –whether it be a misdemeanor or felony –they will be limited on their ability to travel freely.
A criminal conviction may also lead to a loss or suspension of professional licenses or certifications. Professions like teaching, nursing, medicine, and law require individuals to be licensed to practice in that profession. A criminal conviction, depending on the nature and circumstances of the crime, may put that license or certification under possible revocation or suspension if the crime violates the professionalism rules provided by the respective governing body.
In the state of Florida, a felony conviction will disqualify a citizen from voting however, the right to vote will be restored upon the completion of all sentencing requirements, including probation.
The state of Florida’s gun laws strictly prohibits a person that has been convicted of a felony from possessing a firearm or ammunition. Florida Statute § 790.23 provides a comprehensive list of prohibited weapons and ammunition for those who are convicted felons. This restriction also extends to offenders who have been adjudicated delinquent, which includes individuals who have been adjudicated for delinquent acts, under the age of 24, that are the equivalent to a felony.
Please call O’Mara Law Group to schedule a free initial consultation if you’re interested in learning more about the collateral consequences of a criminal conviction in Florida, as well as the long-term impacts like housing, employment, and firearm rights.
