As criminal defence solicitors, one of the most challenging aspects of our role is guiding clients through the broader implications of being accused or convicted of a crime. From family dynamics to employment repercussions and the potential impact on international travel, these are deeply personal and complex issues that our clients often struggle to navigate. Here’s an overview of the key concerns we address and how we support our clients during these difficult times.
Telling Your Family About a Criminal Allegation or Conviction
One of the most common concerns clients raise is whether their family will find out about their criminal allegation or conviction. This is a deeply personal matter, and our role is to provide guidance while respecting our clients’ wishes.
We encourage clients to consider whether involving a trusted family member might provide much-needed emotional support. Facing a criminal charge is a stressful and often isolating experience and having someone to lean on can make all the difference. However, we fully respect if a client decides not to disclose their situation to family members.
In cases where a client is in custody and wishes for us to communicate with their family, we require explicit authority to do so. Without this, we are legally bound to maintain confidentiality, even if a family member contacts us directly.
Navigating Employer Disclosures and Employment Contracts
Another pressing worry for many clients is how a criminal charge or conviction may impact their employment. The first step we advise is reviewing their employment contract. Some contracts include clauses requiring employees to disclose any involvement with the police or criminal proceedings.
If a client’s contract has such a clause, we recommend they inform their employer proactively. Failing to disclose something that the contract stipulates could lead to disciplinary action, which might be avoidable with honest communication.
For those whose contracts don’t require disclosure, the decision rests with the client. However, we caution clients about the potential risks of non-disclosure, as the matter may eventually come to light, potentially harming their employment status.
The Impact of a Conviction on Employment
Clients often ask how a conviction could affect their job. Again, this depends largely on the nature of their employment contract. Many contracts specify that a conviction must be disclosed, and failure to do so can lead to complications with their employer.
We always stress the importance of transparency to protect their position. In many cases, the failure to disclose becomes a bigger issue for the employer than the offence itself.
Travel Restrictions Following a Conviction
A conviction can also impact international travel, which is particularly concerning for clients who travel frequently for work or personal reasons. Certain convictions will appear on disclosure checks (such as PVG applications) for a specified period, often five years, depending on the nature of the offence and the sentence imposed.
Countries like the United States, Canada, and Australia have stringent visa application processes for individuals with criminal records. For example, the ESTA program for entry to the U.S. typically becomes unavailable, requiring a formal visa application and an in-person interview at a U.S. embassy. For Scottish residents, these interviews take place in Belfast or London, as the U.S. Embassy in Scotland does not process such cases.
We understand how daunting these additional steps can be, and while this falls outside our legal remit, we strive to prepare our clients by providing clear guidance about what to expect.
We’re Here to Support You Every Step of the Way
At The Glasgow Law Practice, we know that facing a criminal allegation or conviction is one of the most stressful events anyone can experience. Our team is committed to providing compassionate and practical support to help you navigate the legal process and its broader implications.
If you’re dealing with a criminal charge and need legal advice or support, we’re here to help. With offices throughout Glasgow, we advise clients across the city. Call us directly on 0141 248 2999 to schedule an appointment. We’re here to help.
