Does My Husband Criminal Record Affect Me? (2024)

The fallout from a criminal conviction can have far-reaching effects on family members. If your spouse is facing charges or has already been convicted, you’re obviously going to wonder, “How does my husband criminal record affect me?”

The conviction of a spouse is a frightening and unsettling event to go through. It’s important to understand the potential difficulties you could face because of your husband’s conviction, so you can effectively plan for the future.

Your husband’s criminal record can have an indirect but significant impact on your life.

Does My Husband Criminal Record Affect Me? (1)

The effects of your husband’s criminal record will vary depending on the type of conviction on his record.

You could face housing problems and financial difficulties, and with some types of crime, the possibility of asset forfeiture.

A conviction that leads to incarceration will cut your household income right away. But even when a felony or misdemeanor is punished with probation, your spouse can still face unemployment and diminished job opportunities for years to come.

If you rent your home, future landlords will also be less likely to rent to you as a couple, which makes finding accommodation in desirable family-friendly neighborhoods much harder.

Your Husband’s Criminal Record Could Limit Your Future Housing Opportunities

If you rent your home, your husband’s conviction could be a problem if you need to move to a new rental property in the future. Your current landlord could even decide to ask you to leave when your lease expires if they become aware of the conviction.

Criminal background checks are a common part of the rental application process, and property managers and landlords may be unwilling to rent to you and your husband once they see the conviction flagged on the report.

Some landlords won’t rent to tenants if a felony conviction is discovered on the background check, others won’t even consider a tenant with a less serious misdemeanor.

Landlords are even more unwilling to rent to a registered sex offender.

It’s standard practice for landlords to require all adults who will live at a property to be named on the lease, and undergo a background check.

You wouldn’t be able to take a lease in your sole name, then (secretly) allow your husband to move in, without violating the terms of your lease and risking eviction.

Your Family Income Could Fall

Does My Husband Criminal Record Affect Me? (2)

Employment is another area that convicted criminals often struggle with. While some employers have introduced second-chance hiring policies, finding a good job with a criminal record isn’t easy because of the background checks employers run.

Felons in particular may have to settle for an entry-level position (at least for a while) and lower wages, which could mean a big drop in your family income. This could impact your ability to pay your rent or mortgage and service other debts, leading to problems with creditors.

If you fall behind on your loan, credit card, or mortgage payments, late payments or defaults will appear on your credit report.

Background checks for property rentals include a credit history report, and some employers will check credit history too, so damaged credit is another way that your husband’s criminal record could affect you.

Your Family May Be Denied SNAP Benefits

Some states deny SNAP assistance (food stamps) for a certain period of time if a family member is convicted of a felony drug offense. Eligibility varies from state to state.

Will My Husbands Criminal Record Show On My Background Check?

Does My Husband Criminal Record Affect Me? (3)

Under normal circumstances, a background check only reveals information about the person authorizing the background check, so your husband’s criminal record won’t be revealed.

When you consent to a regular employment or rental background check, you can only authorize a search of your own records, and the background check company is limited to searching your personal data.

The background check company can’t associate your husband with you from joint accounts on your credit report, run a criminal background check on him, and then report your husband’s criminal record.

So don’t worry, if you apply for a new job, the only information that comes back to your new employer will be your own.

The exception to this is when your background check is for some specific type of security clearance. When an enhanced background check is required, then information about people related to you could be reported, and friends and neighbors could be interviewed who may reveal your husband’s criminal record.

An enhanced or investigative background report would typically take place if, for example, you applied to become a law enforcement officer, join the military, or for some roles with Child Protective Services.

What About Joint Assets? How Does My Husband’s Criminal Record Affect Me?

Does My Husband Criminal Record Affect Me? (4)

If the police believe that assets you hold in joint ownership with your husband were obtained as the result of criminal activity, then asset forfeiture laws allow the police to seize your assets and force a sale.

As an innocent party, you are entitled to your share of the proceeds, but what you’re entitled to and what you get aren’t always the same thing.

In most states, the police do not have to prove that the assets were linked to criminal activity, and asset forfeiture is commonly regarded by critics as legalized theft. Assets may be seized without notice under a temporary restraining order (TRO).

What types of crimes could lead to asset forfeiture? Crimes include:

  • Drug manufacture and drug dealing
  • Money laundering
  • Bribery and extortion
  • Fraud
  • Tax evasion
  • Identity theft
  • Racketeering
  • Insider trading
  • Human trafficking (includes forced labor and prostitution)

Assets the police can seize include joint bank accounts, real estate, vehicles, jewelry, art, antiques, etc.

If you’re worried about the possibility of asset forfeiture, contact an attorney right away to protect your financial interests. Attorneys will often advise that a speedy divorce is the best course of action to separate your financial interests and protect your family. Your attorney should only represent you, it’s unwise to use your husband’s attorney.

Another possible consequence of your husband’s criminal record is joint liability for financial penalties.

Joint Liability For Fines And Restitution

Property and other assets that you own jointly with your husband may be at risk if your husband’s crime results in court-ordered financial penalties or obligations that can only be settled by selling your jointly allowed assets. Again, you’re entitled to your share of the proceeds if assets are sold.

Your Right To Keep A Gun In Your Home Can Be Affected by Your Husband’s Criminal Record

Does My Husband Criminal Record Affect Me? (5)

If your husband is convicted of any felony or a domestic violence misdemeanor, he loses his Second Amendment right to own, possess, or use a firearm, unless he petitions for the restoration of his rights.

Even though you still retain your right to own a firearm, if a gun is kept in your home, be aware your husband runs the risk of being charged with the offense of constructive possession.

Your husband would be at risk of constructive possession charges if has access to a firearm, even if the gun is kept locked away in a gun safe and you’re the only key holder. Because it’s possible for your husband to take the key, it’s possible for him to access the gun.

Constructive possession of a firearm is a serious offense that carries large fines and up to 10 years in prison.

You can still own a gun, but you can’t keep it at home if your husband will live with you or visit you.

Next Steps

If you’re worried about any of the potential repercussions mentioned in this article, contact an attorney for advice or seek help from a legal aid organization.

The White Collar Wives Project provides information and a support group for spouses dealing with their husbands’ financial or fraud-related convictions.

The Prison Families Alliance can also offer support and resources, no matter the type of conviction.

Read Also: Can A Felon Live With Someone On Section 8?

Does My Husband Criminal Record Affect Me? (6)

Robert Eric

Robert Eric (a lover of Cats and Dogs) is the co-founder of HireFelonsJobs. In our search for a better life, after… A platform was created for the purpose of easing the search for ex-convicts.

Does My Husband Criminal Record Affect Me? (2024)

FAQs

Does My Husband Criminal Record Affect Me? ›

“Will my husband's criminal record show up on my employment background check?” Yes, it might. There are a variety of different levels of research that can go into a background check during the hiring process.

Should I tell my partner I have a criminal record? ›

Notifying your loved one as soon as possible is critical, as you do not want them to believe you have been lying to them. Inform them at a time when they will have time to process the information, such as on a Friday evening before they leave for the weekend.

How can a criminal record ruin your life? ›

There are collateral consequences to having a record that many do not realize including: difficulty obtaining a job; additional steps to go back to school; restrictions on where one can live and/or travel; and having various rights and privileges revoked or restricted.

Does criminal record affect green card? ›

Whether you have been convicted of a crime within the United States or abroad, your criminal record could affect your ability to live as a non-citizen in the United States. Additionally, a criminal record can also result in the deportation of an individual who has a valid non-immigrant visa or even a green card.

Can I marry a U.S. citizen with a criminal record? ›

A previous conviction can disqualify you from being able to sponsor someone for a green card, but not all offenses are viewed the same by USCIS. Only certain convictions will automatically bar a U.S. citizen from sponsoring a spouse or relative. Those offenses are ones that are committed against children.

What does my partner in crime mean in a relationship? ›

The phrase partner in crime means accomplice — anyone who assists with the plotting or actual committing of a criminal act. You'll often find partner in crime used in a less serious way, though: "Okay, two piece of pie are missing.

When your husband secretly records you? ›

In many states, recording someone without their agreement is unlawful and can result in serious legal consequences. The violating spouse may face civil or criminal prosecution for breach of privacy or wiretapping, depending on the jurisdiction.

Is your life ruined after a felony? ›

Not only can it have a lasting impact on your life, but it can also lead to the loss of basic civil rights (such the right to vote, sit on a jury, and to own, possess, or use a firearm). Convicted felons can also be barred from certain jobs (including law enforcement, the school system, and health care).

What is the life after conviction? ›

Life After Conviction: Strategies for Success After A Criminal Conviction, tells the story of a young man's fight to overcome society's obstacles and face the ultimate decision to either give up on all of his dreams or to fight to overcome the battles that prisoners are faced with upon release.

What are the disadvantages of being a criminal? ›

Ten disadvantages of having a criminal record
  • Limited Employment Opportunities. ...
  • May limit your travel. ...
  • Loss of the right to vote. ...
  • Difficulty in obtaining the loan. ...
  • Denial of admission in a college or university. ...
  • It will be difficult to find an apartment on rent. ...
  • Deteriorating relationships and social life.
Oct 8, 2019

What can jeopardize green card? ›

Top Reasons Your Green Card Might Be Denied
  • Health-Related Issues. ...
  • Criminal-Record-Related Issues. ...
  • Security-Related Issues. ...
  • Public-Charge Issues (When Income Is Too Low) ...
  • Issues for Immigration Violators. ...
  • Failure to Meet Application Requirements. ...
  • Failure to Attend Immigration Appointments. ...
  • Denial of Underlying Visa Petition.

What crimes affect immigration status? ›

What crimes affect immigration? Certain crimes, such as those classified as “aggravated felonies” under immigration law, can significantly impact an individual's immigration status. These include murder, sexual abuse, kidnapping, and drug trafficking, among others.

Is it a felony to get married for a green card? ›

If an application is processed in due order, including background and medical checks, the foreign spouse is issued a green card to live and work in the United States permanently. But some couples use marriage to get around the U.S. immigration system and obtain a green card. This is considered a federal crime.

Can a felon marry an illegal immigrant? ›

If that person happens to be unlawfully present in the United States, he or she may still have a path to marriage and a normal life in America. There are no laws against marrying an undocumented immigrant. However, there are additional obstacles to legal status for someone who has been unlawfully present in the U.S.

Is it a felony to marry someone for a green card? ›

Legislation and investigation

In United States immigration law, marriage not made in good faith and for purposes of immigration fraud is a felony, subject to a penalty of a US$250,000 fine and five-year prison sentence on the citizen, and deportation of the foreigner.

What is it called when you re with someone who commits a crime? ›

Complicity is the act of helping or encouraging another individual to commit a crime. It is also commonly referred to as aiding and abetting. One who is complicit is said to be an accomplice.

What is offender relationship? ›

The most objective and reliable measure for examining the victim–offender relationship is the level of exposure involved. Victim exposure is the amount of contact or vulnerability to harmful elements experienced by the victim and is determined by examining and considering lifestyle exposure and situational exposure.

What are partners in crime examples? ›

Partners in Crime
  • Bonnie and Clyde.
  • Butch Cassidy and the Sundance Kid.
  • Frank and Jesse James.
  • The Lonely Hearts Killers.
  • William Burke & William Hare.
  • Leopold and Loeb.
  • Julius and Ethel Rosenberg.
  • The Menendez Brothers.

Can a husband secretly record his wife? ›

The simple answer is no, it is not legal to record your spouse unless that person consents to being recorded. Under California Penal Code section 632, it is a crime to record a telephone call or conversation without the consent of both parties to the call.

Can I sue my husband for spying on me? ›

You're also protected from the use of hidden cameras anywhere you have a reasonable expectation of privacy — like your bedroom. Not only can you prevent your spouse from using any evidence he or she obtained that way in court, you have the right to sue your spouse for the invasion of your privacy.

Can a spouse spy on your phone? ›

If a spouse knows your login details then they can easily access the data that you're backing up to the cloud. They may even be able to use this data to create a 'clone' of your device and gain access to a huge amount of your private information.

Does being a felon affect your credit? ›

When it comes to getting approved for a home loan, the issue most people with a felony on their record run into is not a background check. Instead, it is their own financial standing. Time spent in prison can wreak havoc on your credit record.

How hard is life as a felon? ›

In California, felony convictions can have lifelong effects on your ability to find employment, obtain housing, and maintain personal relationships. A felony conviction can also lead to enhanced penalties for future criminal offenses.

What is the most common punishment for a felony? ›

Felony charges can result in one year of prison time or many more. Regardless of the type of crime you are being accused of, having a felony charge on your record can have a lifetime impact.

How do I rebuild my life after a felony? ›

Ways to Get Your Life Back After a Felony Conviction
  1. Staying Positive in the Face of Adversity. ...
  2. Understanding Your Rights. ...
  3. Understanding Reentry Barriers and Resources. ...
  4. Hire an Expungement Attorney. ...
  5. Seeking Financial Assistance For Ex-felons. ...
  6. Gaining Employment After a Felony. ...
  7. Consider Your Business.
Jul 22, 2021

How can a conviction affect my future? ›

A criminal history can affect a person interested in going to college, attending trade school, or starting their own business. Not only can schools deny a person because of their criminal history, but certain drug or sexual convictions also prohibit you from receiving grants or student loans.

What does it mean when a man lives with conviction? ›

Finally, being a man of conviction means you seriously spend time considering whether what you are doing is right or wrong. People with weak convictions tend to wander into moral ambiguity and end up in a place they never thought they would be. They end up doing things they never thought they would do.

What are the worst criminal charges? ›

Violent crimes: This federal crime classification includes first-degree murder, second-degree murder, conspiracy to murder, and committing a felony crime with death resulting. It also includes voluntary and involuntary manslaughter, sexual abuse of a minor, and various assault and robbery charges.

How does crime affect mental health? ›

In adulthood, exposure to violence can also lead to poor health outcomes. For example, women exposed to intimate partner violence have an increased risk of physical health issues such as injuries and mental disorders such as disordered eating, depression, and suicidal ideation.

How does crime affect a person emotionally? ›

While the short-term effects of crime can be severe, most people don't suffer any long-term harm. Occasionally, people do develop long-term problems, such as depression or anxiety-related illnesses, and a few people have a severe, long-lasting reaction after a crime, known as post-traumatic stress disorder (PTSD).

How often are marriage green card denied? ›

If we look at the numbers of the final visa refusal report issued by the State Department, which includes K-1 visas for prospective green card marriages, we see the denial rate jumped from 12.6 percent in 2017 to more than 20 percent in 2019.

What crimes can get your green card revoked? ›

Aggravated felonies are specified in the Immigration and Nationality Act and include violent crimes, bribery, arms trafficking, money laundering, drug trafficking, abuse of a minor and other serious crimes.

Can a marriage green card be revoked? ›

There are several provisions of the Immigration Law that allow a green card to be revoked and those include Marriage-Based green cards, but there is not a “revocation” that is specific for marriage cases.

Can you deport someone with a green card? ›

Even someone with a green card (lawful permanent residence) can, upon committing certain acts or crimes, become deportable from the United States and removed. By Ilona Bray, J.D. U.S. law contains a long list of grounds upon which non-citizens or immigrants may be deported (removed) back to their country of origin.

What are the chances of getting deported? ›

Compared with the estimated total number of unauthorized individuals residing in this country, this means 6.9 SC removals for every 1,000 individuals. Stated another way, this represents a 0.69 percent deportation rate.

What background check does immigration do? ›

USCIS conducts an investigation of the applicant upon his or her filing for naturalization. The investigation consists of certain criminal background and security checks. The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI).

What are 3 ways to lose citizenship? ›

You may lose your U.S. citizenship in specific cases, including if you:
  • Run for public office in a foreign country (under certain conditions)
  • Enter military service in a foreign country (under certain conditions)
  • Apply for citizenship in a foreign country with the intention of giving up U.S. citizenship.
May 12, 2023

Can I become a U.S. citizen if I have a felony? ›

Permanent Bars Based on Criminal Convictions

You will be permanently barred from obtaining U.S. citizenship if you have been convicted of murder or of an aggravated felony if the conviction was issued on or after November 29, 1990.

What disqualifies a person from becoming a U.S. citizen? ›

more. Violating any controlled substance law of the United States, any State, or any foreign country. confinement was 180 days or more during the past 5 years (or 3 years if you are applying based on your marriage to a United States citizen).

Can I get a green card if my husband has a criminal record? ›

A previous conviction can disqualify you from being able to sponsor someone for a green card, but not all offenses are viewed the same by USCIS. Only certain convictions will automatically bar a U.S. citizen from sponsoring a spouse or relative. Those offenses are ones that are committed against children.

Can you be deported if you are married to a U.S. citizen? ›

At a Glance: Yes, individuals who are married to American citizens and possess a Green Card can be deported under certain circumstances. Meeting the criteria for a Green Card through marriage is crucial, including lawful entry, a genuine marriage, passing a medical exam, and providing proof of income.

How does USCIS investigate marriages? ›

USCIS will investigate the marriage of those seeking marriage green cards, and investigations will typically involve interviews to help establish the authenticity of the relationship. Interviews may be conducted separately or together with both spouses present and may involve multiple interviews.

What happens when you marry an undocumented person? ›

Yes, an illegal immigrant can get married to a U.S. citizen. Marriage between a U.S. citizen and an illegal immigrant is considered a “mixed-status” marriage, and it is possible for the couple to get married in the United States, even if the immigrant is in the country illegally.

Can you be deported if you marry an illegal immigrant? ›

The short answer is no. Marriage alone won't stop deportation or prevent you from being deported in the future.

How long does it take to get a green card after marriage? ›

The length of time it takes to get a green card varies depending on several factors, including the type of application you are submitting and the availability of USCIS resources. A marriage green card or spousal visa, for example, can take anywhere from 13.5–33 months.

What are the red flags for green card marriage? ›

USCIS has identified general “red flags” that suggest the possibility of a fraudulent marriage (for example: a large age gap between the spouses, a very short marriage, very different cultural backgrounds, or different addresses showing up for the spouses online).

What is a sham divorce? ›

Sham divorce means making use of a divorce to shirk property obligations or violate the policy and law on population or for another purpose other than that of terminating a marriage.

Does divorce affect green card status? ›

How Does Divorce Affect Green Card Status? Getting a divorce will not affect your permanent resident status. You need to renew your permanent green card every 10 years by filing Form I-90: Application to Replace Permanent Resident Card. But there are no questions on this form about your marital or relationship status.

How to do a criminal background check on someone you are dating? ›

Running a background check on your date consists of three steps.
  1. Run a criminal background check at the county, state, and/or multi-state level.
  2. Check sex offender registries.
  3. Search their social media profiles and online footprint.

Can I run a background check on a boyfriend? ›

If you have a person's name, it is possible to investigate their history, check their criminal record, find details about their driving record, and more. However, an important caveat here is that there could be legal implications to running a background check on someone without their consent.

What counts as evidence of relationship? ›

a marriage certificate or civil partnership certificate. a tenancy agreement, utility bills or council tax bills confirming that you live at the same address or pay bills together. a bank statement from a joint bank account, or confirming that you live at the same address.

How do I write a letter explaining criminal charges? ›

  1. Make your presentation honest, clear and concise.
  2. Take responsibility for your actions without excuses or blaming others.
  3. Sincerely speak to the feelings you have regarding your behavior – show remorse.
  4. In a positive way, state the price you have paid and what you have learned from this experience.

What does match background check show? ›

Match Group has been working with Garbo, a nonprofit background check platform that shows public records including arrests, convictions and sex offender registry information, since a 2021 investment in the company, the amount of which was undisclosed.

Can you ask someone about their background check? ›

Unless the employer is asking for medical or genetic information, it's not illegal to ask you questions about your background, or to require a background check.

Do dating sites do background checks? ›

Yet, out of the thousands of online dating apps available to singles, only a few require a background check of every user. At Reliable Background Screening, dating site background checks can help screen individuals for alarming criminal histories including sex offenses, domestic violence crimes, and even theft.

What is a red flag in a background check? ›

While no one is perfect, factual issues will cause managers to not consider a candidate. What constitutes a red flag can vary by company and position, but the most common red flags are criminal records, discrepancies, and derogatory comments.

How do I check up on my partner? ›

How to 'Check In'
  1. Focus on feelings. When you check in with your partner, consciously focus on feelings, personal struggles and unresolved issues.
  2. Reserve a time to talk. When life gets busy, it's easy to lose track of time. ...
  3. Just listen. ...
  4. Check in regularly.
Aug 4, 2017

How do you find out if your man is on dating sites? ›

You can use public records sites like Spokeo, PeopleFinders, or Intelius to find out what websites that person is using. You can also run a background check through the person's email address or phone number to see if they have been using dating sites.

What is evidence of spousal relationship? ›

Proving a relationship with your spouse

A marriage certificate and proof that the marriage was registered with a government authority. Proof of a divorce if your spouse was previously married. If you have children in common, long-form birth certificates or adoption records that state the name of both parents.

What is the best proof of relationship between spouses? ›

Joint bank account statements showing the names of both spouses. Titles or deeds for jointly owned property (real estate or vehicles) Mortgage or loan documents showing joint responsibility for payments. Joint credit card statements showing the name of each spouse as either account holder or authorized user.

How many pictures do you need for proof of relationship? ›

You should note that there is something called an over-submission and an under-submission of relationship evidence. A lot of couples will have 100 photos they want to submit and a hundred photos is probably more than enough. We usually recommend about 20 to 30 photos.

What is a letter of support for a criminal case? ›

What Are Letters of Support, And What Should You Do To Make Them Meaningful? In federal criminal cases, letters of support are letters written to the judge who will decide the defendant's sentence. They are addressed to the judge, and they ask the judge for leniency in sentencing the defendant.

What is a good letter of explanation? ›

The key to writing a great letter of explanation is to keep it short, simple and informative. Be clear and write with as much detail as you can since someone else will need to understand your situation. Avoid including irrelevant information or answers to questions the underwriter didn't ask.

How do you talk about criminal record in an interview? ›

It is up to you, but we recommend honesty. On the application, write ”will discuss in interview” rather than a lengthy explanation of past convictions. In an interview, keep explanations brief, and stress what you have learned from your conviction and time in prison, how you have changed, and your skills or assets.

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