How Could A Felony Conviction Change Your Life?
Facing felony charges in Louisiana can feel overwhelming, but understanding the potential long-term consequences of a conviction is crucial for making informed decisions about your case. Under the Louisiana Criminal Code, Title 14, Section 2, a felony is defined as any crime for which an offender may be sentenced to imprisonment at hard labor or death. The ramifications of a conviction extend far beyond the initial sentence of fines, imprisonment, or probation. Criminal records in Louisiana are public and permanent, meaning a felony conviction will follow you for the rest of your life unless you successfully pursue expungement.
The collateral consequences of a felony conviction can affect virtually every aspect of your future, from your ability to secure employment and housing to your fundamental civil rights like voting and firearm ownership. Unlike misdemeanors, felony convictions create barriers that are much more difficult to overcome. Whether you’re currently facing felony charges or seeking to understand your options after a conviction, consulting with a knowledgeable criminal defense attorney can be essential for protecting your future and exploring all available legal remedies.
What Are the Employment Consequences of a Felony Conviction?
Employment opportunities become significantly limited following a felony conviction in Louisiana. Employers are legally permitted to consider criminal history when hiring, and many industries conduct background checks as standard practice. Professional licensing represents a particularly significant barrier. Louisiana maintains strict requirements for occupational licenses, with numerous professions completely barred to individuals with certain criminal histories. Many legal restrictions on employment are mandatory rather than discretionary, meaning licensing boards and employers have no choice but to exclude individuals with certain convictions. These consequences affect diverse fields including public employment, healthcare, transportation, construction, education, and emergency services.
How Will a Felony Conviction Impact Your Right to Vote in Louisiana?
A felony conviction in Louisiana results in the loss of voting rights, but unlike many other states, Louisiana does provide a pathway to restoration. Citizens lose their right to vote while incarcerated, on probation, or on parole for a felony conviction. However, voting rights are restored once an individual completes their sentence or after five years have passed since release from incarceration, whichever comes first.
The restoration process requires individuals to re-register to vote if they were previously registered. If their name was purged from voter rolls due to their conviction, they must provide documentation proving completion of their sentence or that they have not been incarcerated within the last five years. While Louisiana’s laws on this matter are less restrictive than those of many other states, the necessity of proving current eligibility to vote can be an additional administrative hurdle for those seeking to restore their civic participation.
How Does a Felony Conviction Affect Housing Options?
Using criminal history as a determining factor in rental applications is legal in Louisiana, creating substantial challenges for individuals with felony convictions. Landlords routinely conduct background checks and may refuse to rent to applicants with criminal records, particularly those involving felonies or drug-related offenses. The challenges that formerly incarcerated individuals experience in finding affordable housing often contribute to recidivism and homelessness. Limited housing options force individuals into less desirable areas that may be far from their jobs and social networks. This housing instability can undermine other aspects of successful reintegration after release, including employment and family relationships.
What Happens to Your Firearm Rights After a Felony Conviction?
Louisiana law prohibits individuals convicted of certain felonies from possessing firearms for at least 10 years after completion of their sentence. This restriction applies to felony convictions for crimes of violence, violations of the Controlled Dangerous Substances Act, and sex offenses. However, after 10 years have passed since the sentence’s completion, including probation and parole, firearm possession is no longer a criminal offense under Louisiana state law.
The interaction between state and federal law creates complex legal situations. Federal law imposes permanent prohibitions on firearm possession for most felons, regardless of Louisiana’s 10-year restoration period. Unfortunately, even when Louisiana law permits firearm possession, federal prosecution remains possible. Louisiana’s expungement process may provide relief from federal firearm prohibitions. Recent changes to Louisiana law were designed to make expungement cure federal firearm disabilities, though it remains unclear how federal authorities will interpret these changes. Individuals considering firearm possession after a felony conviction should consult with experienced attorneys to understand both state and federal implications.
How Does a Felony Conviction Impact Child Custody Rights?
Child custody decisions in Louisiana prioritize the child’s best interests, and a parent’s criminal history can factor into these determinations. Family courts may deny custody or limit visitation rights based on criminal convictions, particularly those involving violence, drugs, or crimes against children. The timing and nature of criminal convictions significantly influence custody decisions. Courts may overlook older convictions, particularly non-violent misdemeanors, while recent felony convictions create substantial barriers to custody.
Louisiana law creates specific presumptions against custody for parents with histories of family violence or domestic abuse. Typically, this presumption can only be overcome if the parent completes court-monitored intervention programs, demonstrates sobriety, and shows that their participation is required for the child’s best interests. Supervised visitation may provide an alternative if custody is denied, allowing the maintenance of parent-child relationships under court supervision.
What Are the Educational and Financial Consequences?
The financial impacts of a felony conviction can extend beyond court-imposed penalties and fines and lead to challenges for offenders and their families long after their sentence has been served. Educational opportunities become limited following a felony conviction, with both admission and financial aid potentially affected. Higher education institutions often inquire about criminal history on applications, and felony convictions can restrict enrollment in college or university programs.
Federal benefit programs impose restrictions on individuals with felony convictions. The federal felony drug ban affects Temporary Assistance for Needy Families (TANF) and Supplemental Nutrition Assistance Program (SNAP) benefits eligibility. Louisiana has not opted out of this federal ban, meaning individuals with felony drug convictions face lifetime disqualification from these crucial support programs.
Retirement benefits may also be forfeited for public employees convicted of felonies associated with their employment. This provision affects not only current benefits but also accumulated retirement savings, creating long-term financial hardship for convicted public servants and their families.
Why Is It Essential to Hire an Experienced Louisiana Defense Attorney?
The severe consequences of felony convictions make experienced legal representation crucial for anyone facing these serious criminal charges. The stakes involved in felony cases cannot be overstated. Felony convictions carry the potential for lengthy imprisonment, substantial fines, and lifelong collateral consequences. A skilled defense attorney from McMillin Law, LLC can identify weaknesses in the prosecution’s case, challenge evidence, and negotiate favorable plea agreements that may significantly reduce charges or penalties. Given the permanent nature of many felony consequences and the limited availability of expungement relief, investing in qualified legal representation represents the most effective strategy for protecting your future and minimizing the devastating long-term impact of a felony conviction in Louisiana.
To learn more about the legal options available to you, schedule a free case evaluation by completing our convenient online form or calling 985-282-2552.
