Collateral Consequences of a Federal Criminal Conviction
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Collateral Consequences of a Federal Criminal Conviction
Getting convicted of a federal crime can impact your life in ways that go far beyond just serving your sentence or paying fines. There are thousands of additional legal and regulatory restrictions known as “collateral consequences” that can limit your access to jobs, housing, education, voting, and other rights and benefits. These extra punishments are confusing and overwhelming for most people — but understanding them is important so you can try to move forward after paying your debt to society.
This article explains what collateral consequences are, provides examples, discusses how they impact reentry and rehabilitation, and shares ideas for reform. My goal is to help spread awareness and understanding in an empathetic way, not judge anyone for their past. I know most readers likely know someone affected by this complex issue. There are always many sides to every story.
What are collateral consequences?
Collateral consequences are legal penalties and restrictions that “attach” to someone’s criminal record, on top of their direct sentence. They are also called collateral sanctions or collateral disabilities. Some examples include:
- Losing the right to vote or own a gun
- Being barred from certain jobs and licenses
- Being denied access to public housing and benefits
- Losing eligibility for student loans and grants
- Being unable to drive legally due to suspended license
These consequences can last for years or even a lifetime. They affect millions of Americans long after they serve their time. A national inventory identifies over 44,000 collateral consequences in state and federal laws. Many are mandatory, meaning judges have no discretion.
Why do collateral consequences exist?
Collateral consequences have been around for decades, but expanded rapidly in the 1980s and 90s during the “tough on crime” era. Supporters argue they serve important public safety purposes, such as:
- Preventing people convicted of fraud from handling money
- Stopping those convicted of assault from working with vulnerable groups
- Barring sex offenders from jobs near children
Other collateral consequences directly relate to the crime, like loss of a driver’s license after a DUI.
Critics argue many collateral consequences go too far, creating extra punishments unrelated to the crime. They point out the lack of evidence that they actually improve public safety. For example, it’s not clear how banning all people with felonies from food stamps or student loans makes anyone safer.
Impact on reentry and rehabilitation
Collateral consequences can negatively impact someone’s ability to reintegrate into society after incarceration. They create extra barriers to building a stable, law-abiding life.
For example, blanket bans on any job licenses prevent skilled workers from legally using their training after release. Being denied public housing due to a record can lead to homelessness. Losing voting rights means losing a voice in society.
This makes it harder for people to support themselves and their families. It increases their risk of reoffending. One study found that employed former prisoners were less likely to commit new crimes. But collateral consequences often prevent them from getting jobs.
Awareness and transparency issues
A major problem is lack of awareness about collateral consequences. They are buried in legal codes and rarely explained clearly to defendants. Many don’t find out about them until after conviction when they try to apply for a job or housing.
For example, a study found that most defendants don’t know their criminal record can affect their ability to find work. Over 95% of employers now run background checks.
Judges often lack good resources on collateral consequences too. A survey found that 74% of judges felt more information would help them make better-informed decisions.
Ideas for reform
There is growing focus on reforming collateral consequences to make them more fair and effective. For example:
- Improving transparency: Making consequences clearer to defendants before pleading. Educating judges on available relief options.
- Adding judicial discretion: Letting judges waive or modify consequences on a case-by-case basis.
- Limiting mandatory consequences: Removing automatic lifetime bans not directly related to the crime.
- Expanding record-clearing: Allowing more convictions to be expunged after a period of good behavior. Currently, options are very limited at the federal level.
- Preventing discrimination: Passing laws to prohibit unfair treatment of those with criminal records during housing, lending, and hiring processes.
Progress is being made, but there is still a long way to go. The Brennan Center for Justice and the National Reentry Resource Center are two organizations doing great work in this area. They provide useful research and resources on collateral consequences.
The path forward
Creating a fair justice system requires striking a balance between punishment, public safety, and rehabilitation. While some collateral consequences may serve valid purposes, others go too far and make it harder for people to move on with their lives after serving their time.
With support, understanding, and sensible reforms, we can help ensure that collateral consequences don’t create permanent second-class citizenship for millions of our fellow Americans. They deserve a true second chance.