Understanding the Collateral Consequences of Criminal Charges in NYC

Getting arrested or convicted of a crime in New York City can impact your life in many ways beyond just going to jail or paying a fine. These extra punishments are called “collateral consequences.” They can affect jobs, housing, immigration status, and more. This article will explain the basics of collateral consequences in NYC and how to deal with them.

What are Collateral Consequences?

Collateral consequences are all the bad stuff that happens to you because of an arrest or conviction, besides the actual sentence from the judge. For example:

• Getting kicked out of public housing
• Losing your job
• Getting deported
• Losing financial aid for college

These consequences can last for years or even the rest of your life. They happen automatically under the law, even if the judge doesn’t mention them at sentencing. Many people don’t find out about collateral consequences until it’s too late.

Examples of Collateral Consequences in NYC

Here are some common collateral consequences in NYC and who they affect:

Housing

• New York City Housing Authority (NYCHA) will ban you from public housing for at least 3 years if convicted of a Class B misdemeanor like graffiti or turnstile jumping. For felonies, the ban is 6 years[1].
• Private landlords in NYC can legally deny housing to anyone with a criminal record, even old or minor convictions[2].

Employment

• Getting certain professional licenses taken away, like for nursing, teaching, accounting, etc[3].
• Legal for private employers to deny jobs based on criminal record. This happens a lot! [4]

Immigration

• Two turnstile jumping convictions can get a green card holder deported[1].
• Undocumented immigrants can be detained by ICE agents in courthouses[5].

Family

• Convictions for certain violent crimes ban you from adopting children in NYC[6].
• Getting benefits like food stamps or Medicaid taken away, hurting the whole family.

Voting and Civic Participation

• Felony conviction means you lose the right to vote until finishing parole.
• Banned from jury duty for life if convicted of a felony.
• Can’t run for local office in NYC with a felony conviction.

Finding Out Your Specific Consequences

The collateral consequences you face depend on:

• What you’re charged with (misdemeanor? felony? which one?)
• Your criminal history
• Immigration status
• Family situation
• Job and career goals

There are hundreds of collateral consequence laws and rules in NYC. Your defense lawyer should advise you, but they may not know them all. The best way to find out your specific consequences is to talk to an expert at a community legal clinic.

Some good places to start are The Legal Aid Society, Bronx Defenders, and the NYC Bar Association Legal Referral Service. Explain your charges and situation and ask for help understanding the consequences. It’s important to do this before taking any plea deal so you know what you’re getting into.

Getting Relief from Collateral Consequences

Some collateral consequences only last for a certain period of time. For example, the ban on NYCHA housing after a conviction is usually 3 or 6 years[1]. After that, you can apply to live in public housing again.

Other consequences last forever unless you get them formally removed. This is called “relief from collateral consequences.” Some ways to get relief include:

• Certificate of Relief from Disabilities – This can lift penalties that block professional licensing, employment, and housing.
• Certificate of Good Conduct – Removes some mandatory bars on public employment and licensing.
• Executive pardon – Rare but removes most collateral consequences. Only the Governor can grant this.
• Expungement – Removes conviction from public record. Very limited in NY but can help reduce consequences.
• Immigration waivers – Allows non-citizens to stay in USA despite criminal issues.

Getting relief can be complicated – speak to a lawyer to see what options fit your situation. The earlier you start this process, the better.

Other Ways to Reduce Harm from Collateral Consequences

If full relief isn’t possible, here are some other ways to reduce the impact of collateral consequences:

• Be honest but strategic when applying for jobs and housing. Don’t lie but focus on positive skills and accomplishments.
• Get training, credentials, and experience that outweigh your record. Employers often care more about skills than old convictions.
• Ask for letters of support from parole officers, treatment programs, churches, etc. to show you’ve changed.
• Look into companies and nonprofits that specifically hire people with records, like Greyston Bakery.
• If you can’t expunge a case, try sealing old court records so convictions don’t show up on background checks.
• Join or build community organizations that help people dealing with collateral consequences and advocate for policy changes.

The effects of collateral consequences can be minimized but it takes patience, hard work, and support. Don’t try to handle it alone – work with lawyers and others who understand the system.

Fighting Back Against Unfair Collateral Consequences

Many collateral consequences seem unfair or counterproductive. They trap people in poverty and exclusion, which actually increases recidivism. Here are some ways New Yorkers are fighting back:

• Organizing – Groups like the National Association of Criminal Defense Lawyers are lobbying to scale back unfair collateral consequences in the law.
• Legislation – New York passed a law in 2020 to prevent many types of professional license denial based solely on criminal records.
• Litigation – Civil rights groups like the ACLU are suing to overturn blanket housing and employment bans for people with records.
• Voting rights – Grassroots campaigns are working to restore voting rights to people on parole and probation in New York.
• Public education – Nonprofits are teaching lawmakers and the public how collateral consequences waste human potential.

The tide is starting to turn against extreme collateral consequences that offer no path to redemption. With enough community pressure, New York City can become a leader in giving people second chances.

Conclusion

Collateral consequences for criminal charges in NYC can be devastating but there are always options. Learn your specific consequences, seek relief where possible, and don’t give up hope. With the right help and perseverance, a criminal record doesn’t have to ruin your life forever.