After someone’s been convicted of a crime, the punishment doesn’t necessarily end with the jail time, probation, or fine handed down in court. Often, there are also long-term consequences that can have an effect on someone for a large part of their life following their time being served. These are called collateral consequences; secondary penalties that take a toll in various areas of a person’s life.
For anyone who is either criminally charged or left trying to start a new life after conviction, understanding what collateral consequences are and how they can impact you is crucial.
1. What Are Collateral Consequences?
Collateral consequences are the civil and social sanctions applied to those convicted of a crime that are separate from the sentence for the actual crime itself. They could also be ordered by law, by other branches of government or authorities in place of a criminal court.
These are supposed deterrents to keep the public safe, or at least maintain some semblance of social order.
Moreover, these collateral consequences could include disenfranchising the vote, disqualification from certain jobs or housing, and restrictions on what education can be sought. Even a minor crime can have consequences far beyond the courtroom.
2. Employment and Professional Licensing Restrictions
No one wants to have their life ruined by a criminal record. A lot of employers do background checks and won’t hire ex-offenders, especially for employment where trust, money handling, or security are factors.
There are also specific jobs, e.g., working in the medical field or as a lawyer, teacher, or police officer, for which you need a license, and that can be nullified when convicted of a crime.
For example:
- A nurse with a drug conviction may be deprived of their professional license.
- A teacher with a criminal history could be prevented from working in public schools.
These employment barriers can make it difficult for an individual to secure stable employment after release.
3. Housing, Education, and Public Assistance Difficulties
Collateral consequences reach into other areas like housing and education, too. Many landlords don’t rent to people with criminal records, particularly for felonies. This can make it difficult to secure safe and affordable housing, pushing some people into unstable living arrangements.
In the world of education, some convictions can make people ineligible for federal financial aid, loans, and scholarships. Drug-related crime, for instance, may make a person ineligible for federal student aid either temporarily or permanently.
4. Loss of Rights and Immigration Implications
Aside from the professional and economic challenges, criminal convictions may also result in the loss of crucial civil rights. In many states, for example, convicted felons can’t vote or serve on a jury or own a gun. Having these rights reinstated may be a lengthy process and often requires additional legal action.
For non-U.S. citizens, however, a conviction can have more serious consequences. Certain offenses may result in a noncitizen being deported, denied citizenship, or barred from reentering the United States.
Key Takeaways
Collateral consequences are the secondary punishments that go well beyond the courtroom and typically affect every facet of life. Remember these key points:
- They are independent of criminal sentences and can have consequences for employment, housing, and education.
- Certain convictions may lead to professional licenses being revoked or denied.
- Voting rights, eligibility for assistance, or immigration can be taken away from some people.
- Legal advice and support can help you to minimize or eliminate these long-term obstacles.
When you know what collateral consequences are and how to do something about them, it is possible for your life to be rebuilt, for your rights to be regained, and to move on with greater security and confidence.
