A basic tenant of criminal law is that the punishment must be proportionate to the crime, but with the current ramifications of a felony conviction, it is amazing to me that anyone with that stigma ever survives. Please do not misunderstand, I am not in any way advocating that wrongdoers should not be punished or that serious crimes do not deserve serious penalties. However, a conviction for a third-degree felony, such as the unauthorized possession or use of a driver’s license or identification card, can mean life-altering consequences that one may never overcome.

We know, of course the “standard” consequences such as not being able to own a firearm and having the right to vote rescinded, but those pale in comparison to the extensive laundry list of consequences that accompanies a felony conviction, a list that few people know of or talk about. For example:

- When you were arrested, you were fingerprinted and photographed. That information was provided to the Florida Department of Law Enforcement (FDLE) and to the FBI.
- Your arrest record is not private or confidential. Depending on the charge, the disposition of your case and your prior criminal history, you may or may not be able to seal your criminal record.
- You will not be able to wipe clean or erase your arrest record with the FBI because the FBI does not seal or expunge arrest records.
- Because criminal history records are public, and many landlords obtain the criminal history record of potential renters, you may not be able to rent or lease a house or apartment.
- Your arrest record does not disappear or go away just because the judge is withholding adjudication.
- You may not be able to live with or visit someone who lives in public or Section 8 housing.
- You may have your license suspended if you are convicted of a drug charge.
- You may not be able to serve in the military, depending on type and number of adjudications/convictions. You cannot serve in the military or become a law enforcement officer if adjudicated delinquent or found guilty of domestic violence (misdemeanor or felony).
- If convicted, you will not be able to obtain State of Florida college financial aid (Bright Futures, Gold Seal Vocational & Academic Scholars).
- You will not be able to obtain federal student financial aid (grant, loan, or work assistance) for a period of time, if you were convicted of possession or sale of a controlled substance while receiving the financial aid.
- If convicted, you will lose your right to vote, hold public office, be a juror, own or possess a firearm or carry a concealed weapon if you are 18 years or older at the time of the conviction. In some cases, once you complete your sentence, some of these rights will be given back to you (restored). Your right to carry a firearm will not be restored.
- You will not be eligible for food stamps if convicted of trafficking drugs.
- You may not be able to obtain employment with: The state or municipality if you were convicted of drug trafficking or convicted of any felony or 1sl degree misdemeanor "directly related" to the job;
A county or municipality (if the job is critical to security or public safety);
Law enforcement, correctional or other agency that works with children or elderly;
The public school system, a seaport or airport.
- Your photograph may be posted on the Florida Department of Corrections website if you are sentenced to probation or state prison.
- You may be denied or lose your occupational or business license, e.g., certified nurse assistant, li- censed practical nurse, registered nurse, EMT and paramedics, if your civil rights arc not restored.
After review, if you're not exhausted and overwhelmed, you should be. Imagine how the convicted felon feels, especially if he or she made a mistake, wants to be successful and productive, and will never, ever break the law again. How do I rise above? How do I succeed? The more daunting question is probably, how am I ever to be employed? There isn't a speech I give or a presentation delivered that I don't try, in some way, to weave in the warnings of being arrested and the aftermath that follows. I am so very proud to be a part of the criminal justice system, particularly in the 19th Judicial Circuit. I believe in every fiber that the jury system works. However, I am saddened by the fact that so many clients we represent have such an uphill battle that they may never overcome. The obstacles they will incur, even though prompted by their own wrong doing, are sometimes insurmountable. There are so many who have good intentions but just finally "gave up." In asking ourselves why recidivism is so high, an average 48%, I think we have our answer, at least in part.
Diamond Litty is the elected Public Defender Of The 19Th Judicial Circuit, which Encompasses Indian River, St. Lucie, Martin And Okeechobee Counties. Please visit her other websites and blogs;
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