When most people think about a criminal conviction they think about the obvious penalties including jail time, probation, and fines. These are known as “direct consequences.” They are consequences handed down by a judge. But, what many people do not consider, is that punishment often does not end when a person walks out of the courtroom or finishes their sentence. In fact, some of the most devasting effects of a criminal conviction come later, in the form of “collateral consequences.” Keep reading to learn more about collateral consequences.
What are Collateral Consequences?
Collateral consequences are the legal and societal penalties that are not part of a judge’s sentence, but are triggered by a criminal conviction. Collateral consequences can affect virtually every aspect of a person’s life including, but not limited to, employment, housing, and family relationships. These consequences can last for years and long after a person’s criminal case is resolved.
Employment Barriers
One of the most common and difficult collateral consequences is the impact of a criminal conviction on employment opportunities. A criminal record can disqualify someone from entire professions. Teachers, nurses, real estate agents, and many other professions must pass background checks and maintain “good moral character” as a condition of licensing.
Jobs that do not require a professional license are also affected. Many employers conduct criminal background checks, and some have blanket policies against hiring individuals with any criminal record.
Housing and Public Assistance
Finding stable housing can also be a challenge once convicted of a criminal offense. Public housing authorities can deny or evict applicants with certain types of convictions, particularly drug offenses or convictions labeled as violent. Private landlords often perform background checks and may be reluctant to rent to someone with a record.
In some states, a conviction can also disqualify individuals from receiving food stamps or other public assistance. These denials hit hardest when people are trying to rebuild their lives.
Immigration Consequences
For non-citizens, including green card holders and undocumented individuals, a criminal conviction can lead to deportation, denial of naturalization, or being barred from reentering the United States. A seemingly minor charge can result in permanent separation from one’s family and community.
Education and Student Loans
A criminal conviction can interfere with educational opportunities. Some colleges consider criminal records during admissions, and certain convictions can disqualify individuals from receiving federal student aid.
Parental Rights and Custody
A criminal conviction can be used against a parent in custody or visitation disputes. Courts are tasked with acting in the “best interest of the child,” and a parent’s criminal history can become an important factor in determining visitation and custody rights.
Voting and Civic Participation
In some states, individuals with felony convictions can permanently lose their right to vote, serve on a jury, or hold public office.
Need Help? Give Me a Call Today.
As a criminal defense attorney, part of my job is to help clients with their future in mind. This includes negotiating plea deals with collateral consequences in mind and exploring record sealing, expungement, or other similar options when available.
If you or someone you love is facing a criminal charge, do not just think about the immediate problem. Talk to an attorney who understands the bigger picture. Give me a call today.
