Being charged with fourth-degree criminal sexual conduct (CSC4) can seriously affect your life. Aside from the emotional impacts of being accused of this offense, if convicted, you could be imprisoned for up to 2 years and be fined up to $500. However, those are just the criminal penalties. You could also face what are called collateral consequences, additional sanctions and restrictions that limit your access to employment, occupational licenses, housing, your immigration status. These other penalties can make it difficult when re-entering society and can have far-reaching ramifications on your life.
Permanent Criminal Record as a Sex Offender
If you are arrested for or convicted of an offense, that information gets placed on your criminal record. Because it is maintained and controlled by the government, your criminal record is accessible to the public. In Michigan, a person can register to use the Internet Criminal History Access Tool, pay a fee, and be presented with your conviction information.
Others having access to your criminal history could have various impacts on your life. If the members of the public see that you have been convicted of a CSC4, they might stigmatize and harass you. You could be subject to hurtful verbal comments or rude gestures that can cause emotional suffering to both you and your family.
In addition, a CSC4 conviction on your record could hurt your chances of getting a job. According to a report released by HR.com, about 95% of employers conduct some type of background check. Whether they do a simple name search on the government’s database or do a full fingerprint check, your criminal history will show up. This information could sway their hiring decision.
Also, if you are charged with and convicted for fourth-degree criminal sexual conduct, you could lose your professional license for positions such as:
- Doctor
- Teacher
- Lawyer
- Nurse
- Beautician
- Massage therapist
Michigan does provide the opportunity for certain offenses to be expunged from your record. However, under MLC 780.621, if you were found guilty of violating or attempting to violate 750.520e (CSC4) after January 12, 2015, you can’t apply to have your conviction set aside, nor can a judge grant your request even if you do submit a petition.
Effects on Your Family
Being convicted of fourth-degree criminal sexual conduct could not only impact your employment opportunities, but it can also have serious effects on your family. If you have children, the law will act in a way that they feel is in the best interest of the child. If it believes they are at risk of abuse or neglect, you could lose custody of them.
Sex Offender Registration Requirements
If you are convicted of a CSC4, after you complete your prison sentence, you will be required to register as a sex offender for a certain number of years. The length of time you must submit your information depends on the age of the alleged victim. It could be a lifetime obligation, and failure to comply is a serious offense.
When you register as a sex offender, you must submit personal information to law enforcement, which includes, but is not limited to:
- Name
- Address
- Phone number
- Email address
- Physical description
- Vehicle information
- Place of employment
- Student status
As with details about your arrest and conviction, some of your sex offender registration data is also accessible to the public. Again, this could make it difficult for you to re-adjust to society.
As a registered sex offender, you wouldn’t be able to live or even stand within 1,000 feet of school property, which could make it challenging to find a home or job. Additionally, although there are laws that state you can’t be evicted from your home based on your conviction alone, if your landlord believes you might be a risk to community safety, they could ask that you leave the property. Because of your status as a convicted sex offender, you also might not qualify for government-subsidized housing.
Possible Effects on Immigration Status
If you are in the U.S. as an immigrant, including if you have a green card, you could be deported or deemed inadmissible if you were convicted of a CSC4. The law sees this offense as a crime of moral turpitude (CMT).
You could face a deportation hearing if you:
- Were convicted of 2 CMTs (unless they were committed during the same incident)
- Were convicted of 1 CMT within 5 years of being admitted to the U.S.
Call Prain Law, PLLC for a Free Consultation
The effects of a fourth-degree criminal sexual conduct conviction can be long-lasting, causing various hardships. If you have been accused of committing this offense, contact our attorney immediately for the defense you need.
We are ready to fight aggressively to protect your rights. Call us at (248) 731-4543 or contact us online today.