NATIONALLY RECOGNIZED FEDERAL LAWYERS
Understanding the Collateral Consequences of a Federal Conviction in NYC
|Last Updated on: 15th December 2023, 10:20 am
Understanding the Collateral Consequences of a Federal Conviction in NYC
Employment and Occupational Licensing
One of the biggest collateral consequences of a federal conviction is how it can hurt your ability to work. Lots of jobs won’t hire you if you have a record. It can even stop you from getting licensed for certain jobs and professions.
In New York, state law says employers can’t deny you a job just because of a conviction. But they can still choose not to hire you if the conviction is related to the job. For example, if you were convicted of embezzlement, a bank could refuse to hire you. Bummer.
Many types of jobs require special licenses, like working as a nurse, social worker, or teacher. The licensing boards can deny you a license if you have certain convictions. They might also suspend or revoke your license if you get convicted while you have one. Not cool.
Federal law limits this for some licenses – the licensing board has to have a good reason related to public safety to deny you. But for many licenses, the board can deny you just because of the conviction, even if it has nothing to do with the job.
The bottom line is a federal conviction can really limit your career options. You may have to change fields or get extra training in order to find work. Lame!
Housing
Housing is another big problem for people with convictions. Landlords in New York technically can’t deny you just because you have a criminal record. But they can still choose not to rent to you if they think you’re a safety risk or have poor finances. So if your conviction is for something violent, or it hurt your credit score, good luck finding an apartment. Ugh.
Public housing is even harder. The New York City Housing Authority (NYCHA) can deny you housing if: – Anyone in your household was convicted of making methamphetamines (no meth makers allowed!) – Anyone in your household is on the sex offender registry (fair enough) – You were convicted of a felony in the last 5 years (ouch)
NYCHA does have to consider mitigating factors, like rehabilitation efforts, so you can appeal. But it’s an uphill battle. Your best bet may be finding a private landlord willing to work with you.
Federal Benefits
Say goodbye to federal benefits if you get convicted of a federal or state drug offense. You’ll be ineligible for things like:
- Food stamps
- Cash assistance (TANF)
- Federal education grants and loans
- Public housing (as we just discussed)
The ban lasts forever for distribution/trafficking offenses. For possession, it’s usually 1 year for the first offense and up to 10 years for subsequent offenses. Harsh!
Other federal benefits, like Social Security, Medicare, unemployment, and veterans benefits, can only be denied if the conviction is related to the program. So you don’t necessarily lose those. Phew!
Student Loans
Speaking of federal education benefits…a federal drug conviction can make your student loans come due immediately. The court can suspend your eligibility for federal student aid as part of your conviction. This causes any federal loans you have out to enter repayment right away.
You can avoid this by completing a drug rehabilitation program approved by the court. But still, it’s one more unfair consequence to deal with.
Voting and Jury Duty
Voting and jury duty are two civic duties you might lose with a federal conviction. Let’s look at the details:
Voting: In New York, you lose the right to vote if you’re convicted of a felony and are in prison or on parole. The good news is your voting rights are automatically restored once your parole is over. Welcome back to the polls!
Jury duty: You’re disqualified from federal jury service if you have a felony conviction. But in New York state courts, you can still serve on a jury with a felony conviction as long as you’re not actually in prison. Nice!
Travel and Immigration
A federal drug conviction can wreak havoc if you want to travel internationally or deal with immigration issues.
Some countries may deny you entry if you have a drug record. Be sure to check the policies if you’re planning any trips abroad. No one wants to get stuck in customs!
As for immigration, a drug conviction can get you deported if you’re not a U.S. citizen. It can also stop you from becoming a citizen if you’re trying to naturalize. Not exactly welcoming…
Gun Ownership
Under federal law, anyone convicted of a felony can’t possess a gun. There are no exceptions. You lose your right to own firearms – forever. That’s a tough pill to swallow for responsible gun owners.
Trying to purchase or possess a gun with a felony conviction is another crime in itself. So steer clear of firearms once convicted!
What Can You Do?
Reading about all these consequences is probably freaking you out. Here are some options to help protect your rights if you’re facing federal charges:
- Get experienced legal help. An NYC federal defense lawyer can help you avoid conviction altogether.
- Negotiate plea deals carefully. Your lawyer may be able to bargain down charges to avoid harsh consequences.
- Request record sealing/expungement if eligible. This can remove convictions from public record.
- File good conduct certificates. These can show rehabilitation for housing/licensing boards.
- Apply for waivers and exemptions. You can request some benefits be reinstated.
Don’t let a conviction derail your future. Use all options available to mitigate the collateral damage. With hard work, you can get your life back on track.
Good luck and stay strong!
References
Here are the sources I used to research this article:
Collateral Consequences of Criminal Charges – NY State Courts
NY Correction Law Article 23-A
NYCHA Criminal Records Fact Sheet
Loss of Federal Benefits as a Result of Conviction