Brian Platt Contact Us Today! John A. Abom Craig E. Kauzlarich Stephanie Cesare Amy Owen

Our Lawyers - Your Local Lawyer - Harrisburg Law Firms - Offices in Carlisle, York, Chambersburg, Harrisburg

CONSEQUENCES OF A CRIMINAL CONVICTION OR JUVENILE ADJUDICATION

I. Criminal Penalties

  1. Incarceration (work release), Intermediate Punishment (House Arrest/Electronic Monitoring), Probation;
  2. Fine 18 Pa.C.S.A. §1101;
  3. Restitution 18 Pa.C.S.A. §1106; and
  4. Conditions (drug testing, drug and alcohol evaluation, mental health evaluation, MH treatment, DA treatment, no alcohol stipulation, no driving condition, no contact with various parties – children, victim, criminals, etc…, no use of a computer if crime used in crime, i.e. child porn); See, 42 PA CSA 9754 (All reasonable conditions that relate to rehabilitation are acceptable)(trial court cannot order random searches due to statute requiring reasonable suspicion - key current issue – Comm v Alexander, 16 A.3d 1152 (Pa Super 2011)).

II. Drivers License Suspension

  1. DUI;
  2. ARD (no suspension to 90 days);
  3. Non-ARD (1 year to 18 months);
  4. Traffic Offenses 75 Pa.C.S. §1532;
  5. DUS – 1 year suspension 1543;
  6. Overtaking School Bus – 60 days;
  7. Reckless Driving, etc… – 6 months;
  8. Fleeing and Eluding – 1 year;
  9. Minor with Alcohol in System – 3 months;
  10. Drug Possession (6 months)(#2 one year)(3 or more, two years); and
  11. Underage Drinking (1st offense 90 days, second offense 1 year)

III. Jury Duty

  1. If convicted of crime punishable by more than one year (M2 or above), not qualified, 42 Pa.C.S. 4502;
  2. Same standard under federal law, 28 U.S.C. 1865

IV. Voting

  1. If (1) confined in penal institution; (2)for conviction of a felony; and (3) not released prior to next election, cannot vote pursuant to PA law. PA law determines right to vote for federal candidates under the U.S. Const.;
  2. This includes halfway houses/alternate correctional facilities.
  3. If violated PA Election Code within past 4 years, cannot vote.

V. Firearm Possession – 18 Pa. C.S.A. 6105 (Person Not to Possess)

  1. Firearm is defined broadly;
  2. If convicted or adjudicated of enumerated offense regardless of grading;
  3. PFA with relinquishment provision;
  4. Drug conviction with punishment greater than 2 years;
  5. Domestic violence conviction of M2 or greater with physical force, attempted physical force or threatened use of deadly weapon 18 Pa.C.S.A. §6105(c)(9) and 18 U.S.C. §922(g)(9);
  6. Federal law is broader. Any M1 conviction or above; or Active PFA Order after hearing with certain findings; Or any misdemeanor DV conviction with physical force, attempted physical force or threatened use of deadly weapon;
  7. Fugitive;
  8. Illegal alien;
  9. Mentally incompetent people;
  10. some DUI convictions, 3 within a 5 year span (obtaining firearm after 3rd conviction only);
  11. some juvenile adjudications

VI. License to Carry a Firearm 18 Pa.C.S.A. §6106 and §6109

  1. Issuance of license can be denied or license can be revoked;
  2. Any "good cause" to revoke;
  3. Conviction or even pending charges of M2 or greater will result in revocation/non-issuance;
  4. Adjudications within last ten years of enumerated crimes or any drug offense;
  5. If prohibited to possess under federal law (PFA final order);
  6. ANY drug conviction.

VII. Custody of Child The relevant statutes are 42 Pa.C.S.A. §1904, 23 Pa.C.S.A. §5329, 23 Pa.C.S.A. §5330.

  1. Charges and conviction can effect custody (evidence of conviction is admissible) and permits a moving party to check on the status of certain offenses and move for a modification of an existing custody order.
  2. Includes DUI and Drug offenses as well as an enumerated list.
  3. Mere filing of charges permits filing of modification.
  4. May require drug and alcohol evaluation/treatment

VIII. Child Abuse Clearance 23 Pa.C.S.A. §6344, 6344.1, 6344.2, 6355

* A conviction of certain crimes will result in a founded report and will affect child abuse clearance and will bar employment opportunities in child care, foster parenthood or other positions where significant likelihood of regular contact with children (hospitals, counselors, clergy, etc…). The bar could last up to FIVE years. A conviction may also result in barring work in a school forever as the person will not be able to be hired.

IX. Employment: 18 Pa.C.S.A. §9125

  • Criminal convictions can be used by employers not to hire or to fire.
  • By law, employers may only use misdemeanor or felony convictions during the hiring process. If used as a factor in not hiring, employer must inform the applicant in writing.
  • Firing is different and arrest for anything can be sufficient to justify.
  • X. Professional Licenses 18 Pa.C.S.A. §9124

    * Convictions can result in professional license denial, revocation, suspension or termination

    XI. Federal Assistance/Housing

    1. Conviction of certain drug crimes can result in loss of federal funding. 21 U.S.C. §862.
    2. Drug trafficking is dealt with more harshly than drug possession.

    XII. Public Office

    1. State: PA Constitution (Art II, Sect 7) bars people convicted of "infamous crimes." This includes all felonies and various misdemeanors (see caselaw for M's). Also interpreted as all PA felonies, other state and federal felonies if infamous, crimen falsi charges and charges involving falsehood which affect the public administration of justice. See, Comm ex re. Kearney v. Rambler, PA (2011).
    2. Federal: See US Constitution for various requirements as well as federal statutes. Ironically, restrictions are not as strict.

    XIII. Military Service

    * "Felonies" bar military enlistment unless the Secretary of Defense makes an exception. 10 U.S.C. §504.

    XIV. Immigration/Deportation

    * "Crimes involving moral turpitude," aggravated felonies and any drug conviction can result in deportation. As can firearm offenses, PFA violations, domestic violence convictions and child abuse convictions.

    This information is not legal advice and must not be relied upon. You should seek an independent legal opinion from a licensed attorney regarding any consequence to criminal charges.