Collateral Consequences of a Domestic Violence Conviction

South Carolina imposes harsh punishments for those who are facing allegations of domestic violence. Anyone who attempts or physically harms a household member, causing that individual to fear for their life, can be charged with domestic violence.

In South Carolina, the base-level charge for domestic violence is a misdemeanor, punishable by 90 days in prison and a fine of $2,500. Even after you are released and your fine is paid, you will still have to live with lifelong implications from your conviction.

It is important to do everything in your power to avoid a guilty verdict. In this article, our Conway domestic violence lawyers would like to make you aware of the collateral consequences that come with a domestic violence conviction.

Difficulty Securing Housing

A landlord typically conducts a background check for potential tenants. Along with your employment, education, and driving history, your criminal history will also be visible. Any arrests, convictions, and pending court cases will show up.

If a landlord sees that you have a past criminal history, he or she may deny your application. While this is illegal under The Fair Housing Act, a landlord will likely provide another reason for choosing to rent to someone else. If you feel that you were refused housing based on your criminal record, you should speak with a lawyer.

Difficulty Finding Employment

It is illegal for employers to deny a job to a potential candidate solely based upon a person having a criminal history. Employers are well within their rights to conduct a background check, but sadly, there are no laws protecting ex-convicts from discrimination based on their criminal history.

As of today’s date, there is a bill to amend current state law. The bill proposes that employers in South Carolina be prohibited from accessing a potential candidate’s criminal history until the individual has been offered an interview or formal job offer. This bill, known as The Workforce Opportunity Act, is still under review by the Senate.

Losing Your Right to Vote

You are not allowed to vote if you are currently incarcerated, on probation, on parole, or are charged with a crime and awaiting trial, or have ever been convicted of a felony. Under South Carolina law, anyone who has fully served their term, whether it be for a misdemeanor or felony, will have their voting privileges restored.

Revocation of Professional License

If you are a police officer, commercial truck driver, or even a barber, you will be required to get a license from the state to practice. If you have been convicted of domestic violence, you may face disciplinary hearings and risk losing your professional license.

Revocation of Firearm Rights

Under federal law, if you have been convicted of a felony or in the case of some misdemeanors, including domestic violence, you will be prohibited from using or owning a firearm. However, if your conviction was expunged or you were pardoned, then your firearm rights will be reinstated.

Speak with a Conway Domestic Violence Lawyer Today

Discrimination prevents individuals who have served their time from moving forward in life. If you believe you were discriminated against due to a domestic violence conviction, the attorneys at The Law Offices of L. Morgan Martin, P.A., want to speak with you. To schedule your free consultation, contact us online or by phone today.