Does a Criminal Record Impact Your Bankruptcy?
If you need to file bankruptcy in Memphis with a criminal record, you may wonder how it will affect your case. Criminal records have a way of making everything more stressful, and if you have questions about it, you’re not alone.
Here’s what you need to know.
Can I File Bankruptcy If I Have a Criminal Record?
Assuming your case has been closed, criminal records shouldn’t affect your bankruptcy case. Plenty of people with records file bankruptcy all the time. It offers a chance to get out of debt and get a fresh start—even and especially for people who’ve struggled due to having a record.
In fact, in certain situations, you can even file bankruptcy from prison.
This assumes you don’t have an ongoing case. You can’t file bankruptcy, for example, if there’s a warrant out for your arrest. And if you’re in the middle of a criminal trial, you’d want to wait until it ends to file. But for the vast majority of people, bankruptcy and your criminal record won’t have any impact on each other at all.
Is Chapter 7 or Chapter 13 Better If You Have a Criminal Record?
If you’re thinking about Chapter 7 or Chapter 13, your criminal record won’t make a difference. Instead, when you sit down with an attorney to think about which one is right for you, you’ll look at a variety of other factors:
- Do you qualify?
- What are your priorities?
- What is your income/expenses?
- How and when are you planning to pay?
There’s no right or wrong answer to any of these questions. Unlike criminal law, bankruptcy is only meant to help you if you need it. We’re actually here to serve you and make sure you get what you need out of it.
Bankruptcy can help you stop wage garnishment, foreclosure, and repossession. It can clear medical and credit card debts. Every situation is unique, and we can help you decide which option is best for you.
Will Bankruptcy Show Up on My Background Check?
Often, people who have criminal records know the pain of job searching and having to check a small box when asked about previous convictions. Understandably, you may worry a bankruptcy will just make things worse.
In general, you don’t need to disclose a bankruptcy to your potential employer. For most jobs, it’s really none of their business and they’ll never ask. However, in some cases, they might run a background check.
Bankruptcies are public record, so depending on the type of background check, it might show up. If it does and the employer has concerns, we always encourage our clients to frame it positively.
Who would you rather hire, someone who is desperate for money because they’re so in debt that they’d do anything? Or someone who’s dealt with their debt and is now in a better financial place? That’s what bankruptcy is all about.
Help with Your Bankruptcy Case
If you need to file bankruptcy in Memphis with a criminal record, look for an attorney who is compassionate, respected, and dedicated to your success.
Our Memphis bankruptcy lawyers have helped hundreds of people in your situation. For decades, we’ve helped people get out of debt and rebuild their lives. And we can help you, too.
We want all of our clients to have successful lives, no matter where you’ve come from in the past. In fact we even published a free report called Life After Bankruptcy to help you know what to expect from the experience.
For a free consultation, no strings attached, give us a call at 901-327-2100 or fill out the form below. We look forward to talking with you.