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Does Just Being Charged with a Felony Impact My Civil Rights in Wisconsin?
While the principle of “innocent until proven guilty” mostly applies to someone charged, but not yet convicted, of a crime, just being charged can cause issues for the accused person. There are laws that prevent discrimination (such as from employers) for just being charged with a crime.
However, if the charges involve a crime that’s substantially related to the employer’s business, they may be able to fire the charged person without violating discrimination laws. For example, someone charged with theft may be fired from a job where they have access to cash or retail goods. A truck or taxi driver may be let go if charged with driving while under the influence (DUI).
Potential employers may only ask about pending charges as long as they specify they will only use that information if the charges are substantially related to their business. It’s possible that if the only reason someone isn’t given a job offer is because they have felony charges pending, and those charges aren’t related to the job, the applicant may have grounds to file for discrimination. This can be tricky and is best done with the assistance of an experienced criminal defense attorney.
What Constitutes Being Charged with a Felony in Wisconsin?
People have gotten used to the idea that when someone is charged with a crime, they’ll be put in the back of a squad car, usually in handcuffs, and hauled off to jail. That’s the dramatic scene portrayed in many TV shows and movies. But in Wisconsin, while any of those may happen, someone may end up with an arrest record if they’ve only been questioned, not handcuffed or put into a squad car. If you’re unclear about what your status is, contact a criminal defense attorney.
What Happens if I’m Convicted of a Felony in Wisconsin?
The answer to that question varies widely depending on the type (there are several levels, or classes, of felonies in Wisconsin) and severity of the crime involved. In general, felony convictions have life-altering, negative consequences. That’s why being charged with a felony should be taken seriously and involve working with a criminal defense attorney. Some of the consequences of conviction include prison terms of 18 months to life without the possibility of parole. Fines can range from $10,000 to $100,000.
As if those outcomes aren’t severe enough, a convicted felon also faces many other consequences, including:
- Suspended driver’s license
- Loss of the right to vote
- Loss of the right to own a gun or use one to hunt
- Loss of the right to hold public office or serve on a jury
How Long Does a Criminal Conviction Remain on My Record?
Criminal records are a permanent part of your record. That can cause difficulties with anything from buying or renting a house, getting a job, applying for college or financial aid, or being able to achieve licensure for careers that require them.
Is It Ever Possible to Have a Criminal Conviction Removed from My Record in Wisconsin?
Wisconsin is strict about the permanence of criminal convictions on records, but there are a few situations in which someone can apply to have them removed or expunged. State law says that your record can be expunged if you were tried and found not guilty, the court dismissed the charges, or the prosecutor dropped the case for various reasons (such as lack of enough evidence).
Records may also be expunged if the convicted person was under 25 when the crime happened, and they’ve successfully completed their sentence. However, there are several felonies that aren’t eligible for this.
Even if you can have the record expunged, it’s crucial to understand that it doesn’t completely vanish. Arrest records will remain unless they don’t result in a conviction. By law, employers are usually not allowed to request information about an employee’s or job candidate’s arrest record. However, if the charges are still pending and are related to the job, they may have the right to request that information and act accordingly. Landlords may also request arrest records that are still pending.
Do I Have to Disclose Criminal Charges on a Job Application if the Case Is Still Pending?
This can be complicated. An employer can’t ask about arrests or charges if the case didn’t result in a conviction. However, some employers require employees to be bondable, which is a type of insurance that protects the employer against theft. Some employers are required by law to hire bondable employees. In those cases, they not only have the right to ask, they’re required to. If you don’t disclose your charges, that could cause problems for you if they learn about the charges.
If an employer doesn’t require employees to be bondable and they ask about your arrest record, they may be violating the laws. Contact an attorney for guidance.
What Should I Do if I’ve Been Charged with a Felony in Wisconsin?
Call West & Dunn as soon as possible at 608-975-3042 to request a consultation. Being charged with a felony is a serious situation and can have life-changing consequences if you’re convicted. Our team of experienced, knowledgeable criminal defense attorneys understands how stressful this is for you. We’ll review your case and provide guidance on how to proceed in building your defense.
