The United States is notorious for its excessive mass incarceration issue, and having a criminal record is increasingly common among the U.S. population. Over 70 million Americans have some sort of criminal record — whether it involves misdemeanors or felonies — and many have to face the societal, financial, and personal ramifications.
Despite holding 20% of the world’s incarcerated population, the U.S. gives little support to those with a criminal background even if they’re out of prison or have already served their parole sentence. Many often face difficulties with building a new life, even if they have changed since their original sentence. Let’s take a look at just a couple of examples you may face if you already have a criminal record.
1. Difficulty Obtaining Work
Unfortunately, employers still have the legal right to turn away potential candidates on the basis of a criminal record. Although this may seem unfair, many employers have their reasons for doing so including:
- Absence of employment history — Often, those with criminal backgrounds will have absences of employment history on their resume due to criminal sentences. Even if employers haven’t done a background check yet, this absence is typically a red flag.
- A flagged background check — Most states require employers to conduct a background check, which will highlight any criminal record.
- Employer worries — Potential employers may worry about the possibility of future crimes being committed, which can become more of a concern if you have drug charges on your record. Employers may worry that an additional crime may hinder your ability to perform your job well.
Fortunately, all these difficulties may be solved by seeking out expungement, which removes any criminal record from federal and state records. This comes in handy during background checks, but expungement does not remove any records that were published via news outlets or on social media.
Of course, expungement may be easier for certain individuals over others, especially if your original criminal record was established when you were young.
2. Transportation Challenges
Certain crimes, such as a DUI or a DWI, involve more difficulties beyond landing a job. Even if you do manage to obtain a job, you may have to worry about retaining it due to transportation issues. Since most drunk driving penalties involve a license suspension, you won’t be able to get behind the wheel to go to work, run errands, or visit friends or family.
You may have to look into hiring a cab driver or utilizing ridesharing apps — and those costs will certainly add up over time.
3. Limited Ability to Gain Various Certifications and Licenses
After receiving a criminal record, many often decide to reshape their life by changing career paths. It’s important to choose wisely when doing so, since many professions that require certifications and licenses bar ex-convicts or those with criminal records.
The following professions, for example, are barred to anyone with a felony on their record:
- Real estate;
- Pharmacy;
- Pest control;
- Insurance sales;
- Athletic trainers;
- Psychologists and social workers;
- Dentists;
- Massage therapists;
- Physician’s assistants and radiologists.
Although not all of these professions require a certification, pharmacists, psychologists, social workers, dentists, massage therapists, and medical workers all require some sort of certification or licensing test that will be barred to you if you have a felony.
Of course, these are variations among different states and many have exemptions if you only hold a minor misdemeanor, if a certain period has passed since the conviction, and if the crime doesn’t relate to the desired profession.
4. Limitations on Your Rights
With a felony record, you won’t have the privilege to exercise certain rights that the average U.S citizen has. Although every state has varying conditions to your rights when you acquire a felony record, there are certain federal limitations in place such as:
- The right to vote;
- The right to bear arms;
- The right to serve as a juror in a court of law;
- The right to serve in a state or federal public office.
Although many average citizens may take these rights for granted, many states are proceeding with legal action to ensure that those with criminal records have more rights to protect themselves.
5. Child Custody Oversight and Limitations
A criminal record can also affect your personal life, especially if you’re going through a divorce and fighting for child custody. Again, the extent of your custody will certainly depend on which state the case is proceeding in, the crimes on the record, how long ago the offenses occurred, and whether it can be argued that your record inhibits you from raising your child in a stable environment.
However, there may be aspects surrounding your record that may inadvertently affect your child’s well-being. If you’re struggling with obtaining and keeping a job due to your record, you may be financially suffering, which could count against you in a child custody case. In addition, if you have a record that risks the safety or well-being of a child, such as any previous cases that involved consent infringements, you may lose the right to custody.
If you don’t have a crime on your record that risks the safety and wellbeing of your child, you may have to prove that you can financially provide for yourself and your child through recent pay stubs. In addition, you’ll have to prove that you have proper housing to raise a child in, which a social worker can further verify.
6. Effects on Immigration Status
If you’re in the process of lawfully becoming a resident within the United States, obtaining a criminal record may complicate the process. That being said, not every crime may warrant immediate cancellation of your application. Here are just a few crimes that might endanger your application:
- Aggravated felonies — People convicted of violent felonies such as murder, rape, assault, trafficking, and money laundering are barred from naturalization by U.S. Citizenship and Immigration Services.
- Drug crime convictions — Any crime involving at least 30 milligrams of an uncontrolled substance — whether that be in possession of, personal use, or trafficking — may disqualify you from citizenship.
- Severe violations against religious freedom and genocide — Although uncommon, any severe convictions against religious freedom while serving for a foreign government, such as the genocidal acts the Nazis committed, will instantly disbar you from citizenship.
In addition to a disqualified citizen status, you may also have to research if your crime may make you eligible for deportation. This mainly pertains to felonies and misdemeanors associated with the aforementioned aggravated felonies, drug offenses, firearms offenses, and domestic violence or abuse.
7. Poor Outlook for College Applications
In addition to employers, accredited colleges and universities conduct background checks on all of their applicants. If they find a criminal record, they may question the integrity of the applicant in question.
Further, financial aid institutions such as FASFA also conduct criminal background checks on prospective students. This disproportionately harms prospective students of low-income communities and people of color.
Although some are starting the discussion about the ethics and morality of this practice, nearly 55% of public school institutions still require applicants to disclose their criminal history. Some academic institutions argue that this protects their campuses against rising acts of violence, but it certainly begs the question as to why applicants with non-violent histories may get turned away.
8. Difficulties Renting a House or Apartment
There are plenty of federal and state protections for tenants hoping to obtain a rental property, but not if you have a criminal record. In many states, landlords can turn away applicants based on their criminal history.
This is mainly because landlords are typically concerned about the integrity of their property or the safety of fellow nearby tenants. If you experience this issue during a rental application, there are housing assistance programs — non-profit and government-funded alike — that help ex-convicts, parolees, and felons find temporary housing.
For example, the popular government-funded organization Housing and Urban Development (HUD) connects ex-convicts with either the physical housing or the funding needed to settle in their own space.
You can also seek out friends and family members who may be willing to rent you a room before you find a more permanent solution.
9. Long-Lasting Trauma and Stress
Even if you don’t serve any jail time, you may experience lasting physical and mental health issues after any exposure to the criminal justice system. According to a recent study conducted by North Carolina State University, convicts self-reported increased feelings of depression and stress from every interaction with criminal proceedings — whether that be during the actual arrest or a parole service.
Any chronic feelings of stress have serious implications for the long term. High blood pressure, increased chance of stroke, and even death have been associated with trauma-induced stress. Even if you’re focused on the other challenges your criminal record may have caused, you must prioritize your mental health first.
10. Damage to Your Reputation
Even if you seek out expungement services, there’s nothing you can truly do to remove your criminal record and the reputation you may have received from the public eye. Neighbors, old friends, and even family members might treat you differently. Your reputation may solely become your criminal record, even if you’ve made plenty of positive contributions to society since your original conviction.
Don’t lose heart, though. The people who matter will know the truth behind your history, and those outside your immediate circle may come to respect your dedication to turning your life around despite your background.