If you’re facing criminal charges, you might be tempted to plead guilty to get things over with, especially if your charges seem small. The prosecutor might even make it seem like a good idea by telling you to take their deal, plead guilty to a lesser charge, and walk free with a small fine.
While plea deals can be beneficial, only a criminal defense attorney can determine if you’re being offered a good deal. And pleading guilty can create a domino effect of long-term consequences you can’t escape. From employment problems to immigration struggles, a “minor” conviction can follow you for the rest of your life.
Before you plead guilty to your original charges, or rush into a plea deal, it’s crucial to understand what you’re actually signing up for.
A criminal record will follow you forever
If you think you can just get your record expunged later, think again. Criminal records never disappear completely. Getting your record sealed will limit its visibility to the public, but it won’t completely erase it. In fact, law enforcement, courts, and immigration officials can still see your record. And unless you were a minor when you were convicted, it’s not that easy to get your record expunged in the first place.
Since background checks are done for employment, apartment rentals, school admissions, and volunteer positions, having any conviction on your record can be damaging. At first glance, it might seem like your record won’t negatively impact you if it just says you were given probation or a fine. However, the mere presence of a conviction can make people think you’re a liability.
You might lose your job (and struggle to get hired again)
In some industries, there’s a zero-tolerance policy for criminal convictions, like healthcare, education, finance, law enforcement, and other government fields. Some fields require you to report convictions, and some professions automatically revoke licenses based on guilty pleas – even misdemeanors.
There are laws that govern how employers can use information they find in a prospect’s criminal record, but that doesn’t mean all employers will follow the rules. Many employers reject applicants without giving a reason, and it would be difficult or impossible to prove discrimination.
Small crimes can cause deportation
Even if you’re in the United States legally with a green card, pleading guilty to certain crimes can lead to deportation. Immigration courts don’t give second chances. Crimes that involve “moral turpitude,” drug offenses, and theft can result in deportation. Worse, once you plead guilty, immigration judges are legally barred from offering any relief. If you plead guilty, you could lose the right to stay in the U.S. permanently.
A guilty plea can ruin your education plans
Universities typically ask about criminal history on applications, and a conviction can result in rejection. Although some states have banned this question, background checks are still required for housing, internships, and clinical programs. If you depend on any of these things, even if you’re accepted to your chosen school, you might struggle to make it work.
You might not be able to get college financial aid
Certain crimes – like drug-related convictions – can make you ineligible for federal student aid, like grants and loans. If you plead guilty now, you might have to pay out of pocket for your education later.
You might lose first-time offender benefits
In many states, a second offense is treated more harshly than the first, even many years later. If you already have a guilty plea on your record, you will likely be treated as a repeat offender, which can trigger mandatory minimums and enhanced sentences. You could lose the benefits that come with being a first-time offender, like access to a diversion program.
Pleading guilty means you can’t challenge your charges
In most cases, pleading guilty will result in losing the right to an appeal, and the right to challenge aspects of your case, including police misconduct. For example, if the search that led to your arrest was unconstitutional, the state won’t be able to prove their case. However, once you plead guilty, that doesn’t matter. A guilty plea hands the prosecution a win without forcing them to prove their case first.
A guilty plea might invite civil lawsuits
Once you plead guilty, it opens the door for civil lawsuits to be filed against you. Victims of your crime may sue you for damages, and are likely to win based on your admission of guilt.
Don’t plead guilty without a fight
Pleading guilty without understanding the full potential fallout is a bad idea. Before you enter your plea, get real legal advice from a criminal defense attorney. You deserve a good defense, even if you feel like it’s easier to give up your rights.
