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Q: felony conviction career restrictions ( Answered 5 out of 5 stars,   2 Comments )
Question  
Subject: felony conviction career restrictions
Category: Relationships and Society > Law
Asked by: concernedmomflorida-ga
List Price: $20.00
Posted: 02 Jan 2005 08:01 PST
Expires: 01 Feb 2005 08:01 PST
Question ID: 450410
My son was convicted of 3 felonies with a firearm.  I don't understand
the difference between concurrent and consecutive, but all robberies
took place within a 1 month time period, and was sentenced for all of
them at the same time.  The gun was never discharged.  (He was arrsted
before the "10-20-Life" rule in Florida came into effect.)  He was
sentenced to 10 years, with 10 years probation.  If all goes well, he
is due to be released in about 3 years, including his gain time.  We
would like to know what careers will be restricted to him because of
his convictions, so that he may begin researching fields of study to
pursue a career upon his release.  And if certain careers are
restricted, can he become bonded on his own, can he work in those
careers in another state, and how does that work?  Any information you
could give me would be greatly appreciated   Thank you.
Answer  
Subject: Re: felony conviction career restrictions
Answered By: cynthia-ga on 02 Jan 2005 18:32 PST
Rated:5 out of 5 stars
 
Hi concerned mom,

First, I would like to clear up your confusion regarding consecutive
and concurrent sentencing. In concurrent sentencing the offender does
far less prison time.

For example, if a person is convicted of 3 offenses, and received; 3
years, 5 years, and 7 years; under consecutive sentencing the offender
would serve the 3 sentences separately, back to back (one eafter the
other--minus gaintime): in this example it would be 15 years, minus
1/3 for good time, he'd be out in 10 years.  In the same example,
under concurrent sentencing, all sentences are "stacked," --and the
offender does the longest sentence:  7 years. He serves all three
sentences at the same time (concurrently).

Reference:

Consecutive
http://www.webster.com/cgi-bin/dictionary?book=Dictionary&va=consecutive&x=16&y=12

Concurrent
http://www.webster.com/cgi-bin/dictionary?book=Dictionary&va=concurrent&x=14&y=13

Also, even though Florida does not have "parole," I want to point out
the difference between "probation" and "parole."

Read this description:

What's the Difference Between Probation and Parole?
http://usatoday.dui.findlaw.com/articles/1500.html

I suggest you find your son's sentencing papers, and read imposed
sentence CAREFULLY.  This is of paramount importance, here's why:

If, as you say, your son was sentenced to 10 years in Prison, AND 10
years of probation, he was in all reality, sentenced to 20 years in
Prison and 10 years of the sentence was suspended. If, during your
sons 10 years of probation, he violates the conditions of said
probation, he would be required to go back to Prison for whatever time
remained of the 10 year probationary time-period.

Frequently Asked Questions Regarding Gaintime 
http://www.dc.state.fl.us/oth/inmates/gaintime.html#1
Your son has many opportunities to earn early release, and may in fact
earn as much as 25 days PER MONTH.  Help him become aware of these
opportunities, if he is not already.

Facts, Fallacies & Frequently Asked Questions (FAQs)
http://www.dc.state.fl.us/oth/index.html


Secondly, when I began researching, I was certain that your son's
prospects were good, that there were not many limitations, however,
that is not the case.  Seems Florida is not the place to be convicted
of a felony and still hope to obtain virtually ANY of the licenses for
regulated professions issued by the State Of Florida. As of December
2000, the only profession that did not require felony conviction
disclosure is the Cosmetology and Barber?s license.  And even that
license was being reviewed in 2001, it's likely that by now, that
application is now in uniform with all the other professional license
applications.

To make it worse, the statutes are not clear. Although convicted
felons are not specifically excluded from obtaining professional
licenses, most State Departments have taken the most rigid
interpretation.

This has resulted in felons being excluded from nearly ALL licensed
professions. Although the statutes don't specifically exclude felons
from becoming licensed except where the profession is in some way
related to the offense, in practice, they ARE BEING EXCLUDED. To date,
no one has challenged the State of Florida regarding this injustice.

I wish to reiterate:  ALTHOUGH THERE ARE NO LAWS ON THE BOOKS BARRING
YOUR SON FROM BECOMING A "LICENSED" PROFESSIONAL, IT WILL BE A BATTLE.
 Especially during his first 10 years out, while he is serving the
probation part of his sentence.

The pertinent statutes are discussed in detail here:

How Adjudication Affects One?s Life Chances;
Costs & Societal Consequences of Being a Convicted Felon
http://www.paga.fsu.edu/actionreports/f00/Hardin.pdf
A report written by Christine Hardin for Dr. Neil Crispo with the
Askew School of Public Administration & Policy at Florida State
University.

This document is even more valuable to you if your sons offense was in
any way drug related.

There is a list of professions here that your son will be barred from
becoming licensed in.

This is a 72 page document, and should be read by you in it's
entirety.  It is very eye opening, to say the least. Note there are
marked differences between a felon still under supervision via
probation, and one who has completed his sentence and is now "out of
the system."


You have 2 choices if your son wants to obtain a professional license
in Florida. Either your son has an uphill battle to get through the
maze of hoops he will be presented with to become a licensed
professional in the State of Florida, or: don't rock the boat. He'll
have a hard enough time reintegrating into society without being that
visible and "on the radar."

Your sons best bet is to become enrolled in a trade school, full-time.
 Find vocational schools that includee job placement as part of the
package.  Be up-front with prospective schools about his situation. 
There are many MANY trades where your son can become gainfully
employed, and where no license is necessary from the state.


Here's another page with very relevant information for you:

Florida Corrections Commission 1999 Annual Report - Impediments to
Post-Release Employment
http://www.fcc.state.fl.us/fcc/reports/final99/9imp.html

Read these section carefully:
3) d. Restrictions Regarding Convicted Offenders
4) B. 1. b. Pre-Release/Transition Skills Program
Note: "A Look Ahead, An Inmate Pre-Release Orientation Program"

I could not find a similar section in the completed 2003 report, but here it is:

Florida Corrections Commission 2003 Annual Report
http://www.fcc.state.fl.us/fcc/reports/final03/


As far as leaving the State of Florida to enable him to become
licensed in a regulated professional vocation, well, your son has 10
years of supervised Probation upon his release.  Even if you could get
his Probation Officer to agree to transfer supervision to a new state,
THE NEW STATE must agree to supervise him. An offender must obtain
permission to travel out of the COUNTY he resides in, even for an
afternoon, let alone receive permission to live out of the STATE. It
is unlikely he will be allowed to leave the state.

That said, there are no hard and fast rules concerning this. It's
considered on a case-by-case basis.  The correct person to ask is his
probation officer. Upon release, your son has 2 options.  He can look
at his probation officer as the enemy, or as his advocate. If he is
doing all the right things, he will get a lot of help from his
probation officer. There are programs already in place that the P.O.
will be aware of that can greatly assist your son in school or
employment.

Also, you have given no information about what State you are thinking
of. I didn't ask for clarification from you because this is a very
vERY remote possibility. There is no escape from the 10 year
probation, even in another state, and since he is not even out of
prison yet, that is at least 13 years away.  Any information I find
today might be irrelavent when that time comes.


You may find some help here:

Prison Talk Online - Florida Forum
http://www.prisontalk.com/forums/forumdisplay.php?f=128
Register here, read the forums, and post questions of your own.


If I can be of further assistance regarding post-release employment in
Florida, please don't hesitate to ask via the "Request For
Clarification" feature...


~~Cynthia


Search terms used at Google:

consecutive vs concurrent
florida probation parole difference
felony conviction carreer restrictions
"convicted felon" employment florida

Clarification of Answer by cynthia-ga on 04 Jan 2005 05:28 PST
concerned mom,

THANK YOU so much for the 5 stars, the kind words, AND the generous
tip!  I'm happy that you found my Answer helpful, please come back and
use our service again!!

Good luck to your son, I wish you both the very best in 2005.

~~Cynthia

Clarification of Answer by cynthia-ga on 06 Jan 2005 16:03 PST
concerned mom,

It's my habit to return to old questions to post links to related information.

Don't be put off by the title of this one, or that it occurs in Texas
and Kansas, there are many interesting points that illustate my Answer
above in real life experiences.

Subject: Felon wants a military career 
http://answers.google.com/answers/threadview?id=453055
concernedmomflorida-ga rated this answer:5 out of 5 stars and gave an additional tip of: $5.00
Thank you so very much for you extensive research in answering my
question.  You have been a great help.

Comments  
Subject: Re: felony conviction career restrictions
From: neilzero-ga on 02 Jan 2005 11:23 PST
 
There are lots of jobs from which your son is not excluded by law. You
need to think like an employeer. The work situation needs to include
little that your son can steal from his employers, his fellow
employees and the customers of the employer. The fact that he carried
a gun is scarry to some people and most jobs require contact with many
people. I'm sorry to report that few people will be convinced that he
is fully rehabilitated. It may be helpful if you can suggest some
carreers your son is interested in.    Neil
Subject: Re: felony conviction career restrictions
From: tangeri-ga on 23 Mar 2005 09:48 PST
 
I am a female convicted felon. I have a excellent resume and can pass
a drug screen at any given moment. People say there are a lot of jobs
for ex-convicts that is only because they are not one. I have no
violent crimes on my background and still it's hard to find a job. I
have not been to prison but, jail is still just as bad. I still have a
felony background. I will say this it is easier for a man with a
background to get a job than a female. People such as employers and
society look at only what you have done and not what you can do. Rerly
are you given a second chance. Everyone may not have a criminal
background but, if they look over their past and can say they have
never made a wrong choice they would be lying. I believe employers
should consider that than a persons past. Now don't get me wrong and I
am not contradicting myself all persons are not rehabilitated and I
understand the caution an employer must take but, I still think
eveyone deserves a second chance. To be perfectly honest the only
limitations your son will have when he gets out his the ones he sets
for himself. I have yet to stop trying. So my prayers and best wishes
to you and your family. Good Luck! Prayer also works wonders.

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