A new state law opens the door for people with certain criminal convictions to obtain professional licenses that would otherwise be unavailable.
S.B. 207 creates a modified professional license application process that relies on case-by-case review as opposed to rigid rules. The law also allows eligible individuals to begin pursuing occupational licensing while still incarcerated or following release, helping ensure the skills and training obtained during incarceration can translate into meaningful employment upon reentry.
“Georgia continues to demonstrate that conservative criminal justice is about accountability and opportunity,” said Frank Russo, Director of Georgia’s Right On Crime advocacy group. “Our state has invested in vocational and educational programming inside correctional facilities to prepare individuals for productive lives after incarceration. S.B. 207 ensures those investments are not wasted by giving qualified individuals a fair opportunity to pursue the licenses they need to put their training to work, support their families, and contribute to their communities.”
Many professions in Georgia require occupational licensure to protect the integrity of the field and safeguard the public. S.B. 207 maintains those important protections while addressing longstanding barriers that have prevented rehabilitated individuals from fairly presenting evidence of their character, growth, and readiness to work.
“Work is one of the strongest predictors of successful reentry and reduced recidivism,” added Brett Tolman, Executive Director for Right On Crime. “For too long, qualified men and women have completed training, paid their debt to society, and still found the door to opportunity closed because of licensing barriers. S.B. 207 reflects the best of conservatism: protecting public safety, respecting the rule of law, and ensuring redemption is paired with real opportunity.”
Probation Searches
Difficulty obtaining a professional license is just once collateral consequence of a criminal conviction in Georgia. Some effects, such as license bars, only affect some people in the future. Other effects, like probation searches, affect almost everyone almost immediately.
During orientation sessions, probation officers inundate new probationers with paperwork. One form usually includes a blanket consent to search property. Therefore, peace officers may come to the door at any time and search the house or apartment, pull over the defendant at any time and search the vehicle, and…well, you get the idea.
Additionally, most probationers automatically consent to search at check-in meetings. The extent of the search varies, from a simple pat-down to almost a strip search.
These provisions make it more difficult for a Marietta criminal defense lawyer to defend contraband-related probation violations. The consent provision removes the possibility of an illegal search, a key procedural defense that’s often available in these cases.
Additionally, in most probation revocation matters, the burden of proof is only a preponderance of the evidence (more likely than not). In regular criminal court, prosecutors are often hard-pressed to establish all three elements of criminal possession (close proximity, exclusive control, and actual knowledge). But in probation violation matters, proving these three elements is often straightforward.
A motion for early termination from probation often addresses this issue. Once the judge terminates probation, the blanket search consent provision ends. Most probationers, especially first-time offenders, are usually eligible for early termination.
Eligibility requirements include completion of a substantial portion of the sentence, compliance with all probation conditions, payment of fines or restitution, and demonstrated rehabilitation. Judges consider factors such as criminal history, behavior while on probation, employment, community involvement, and recommendations from probation officers.
Immigration Effects
Certain criminal convictions (deferred disposition counts as a conviction) may lead to deportation, denial of visas, refusal of reentry, loss of lawful permanent resident status, or ineligibility for citizenship. All criminal offenses, regardless of nature or timing, may affect future status adjustment proceedings. Any blot on a permanent record may torpedo the good character requirement.
Immigration law distinguishes between different categories of offenses, including crimes involving moral turpitude, aggravated felonies, controlled substance offenses, domestic violence crimes, and fraud-related offenses. Even some misdemeanor convictions can create serious immigration consequences, depending on the circumstances.
Immigration authorities often immediately place arrested non-citizens into removal proceedings. Multiple convictions or jail sentences multiply immigration risks.
Importantly, immigration consequences do not depend only on the criminal sentence imposed. Immigration courts often examine the wording of the statute, plea agreements, and court records to determine whether a conviction triggers removability or inadmissibility. So, plea negotiations in criminal court have lasting immigration effects.
We should note that some individuals may qualify for relief such as waivers, cancellation of removal, asylum protections, or post-conviction remedies, but eligibility depends on the type of offense and immigration history.
Everyday Effects
Employment effects, housing effects, and registration requirements may be the most common everyday collateral effects of criminal convictions.
Many workplaces automatically bar applicants with criminal convictions, mostly for civil liability purposes. Many landlords have similar rules for similar purposes. These rules usually include blanket prohibitions for all criminal offenses, regardless of severity, and there’s usually no opportunity to be heard and present your side of the story.
Many people are familiar with formal registration requirements that accompany sex offense convictions. Georgia has one of the harshest sex offender registration laws in the country. Registrants must typically provide personal information, residential addresses, employment details, vehicle information, and periodic updates to local law enforcement. Depending on the offense, registration may last for a set number of years or for life. Failure to register or update information often results in additional criminal charges, mostly because courts and law enforcement agencies watch these people closely.
Certain elements of the sex offender registration requirement are more informal. Registered offenders usually also face residency, employment, and community notification restrictions.
Informal registration isn’t limited to sex offenders. All criminal offenders live their lives with targets on their backs.
When a crime occurs in the area, police investigators often immediately suspect neighbors with criminal records. At the very least, investigators often interrogate these individuals, reasoning that they must know something about the crime.
Roughly the same thing applies to traffic stops. If a driver with a criminal record commits any traffic infraction, no matter how ticky-tack, law officers usually detain them.
All these formal and informal collateral effects underscore the need for a Marietta criminal defense lawyer to aggressively challenge the state’s evidence at trial and/or during pretrial settlement negotiations. As a fallback, post-conviction relief, such as expungement or, as mentioned above, early discharge from probation is sometimes available as well.
The consequences of criminal convictions continue after defendants serve their time. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
