NATIONALLY RECOGNIZED FEDERAL LAWYERS
The Impact of a Federal Conviction on Government Benefits
|Last Updated on: 29th September 2023, 10:47 am
The Impact of a Federal Conviction on Government Benefits
Getting convicted of a federal felony can have a huge impact on someone’s ability to receive government benefits. This article will go over the major consequences and how they can affect people’s lives.
Loss of Welfare Benefits
One of the biggest impacts is the potential loss of welfare benefits like food stamps (SNAP) and cash assistance (TANF). In 1996, President Clinton signed a welfare reform law that banned people with felony drug convictions from getting these benefits [3]. This ban is a lifetime ban, meaning it does not go away after someone completes their sentence. It applies even for simple possession charges.
This ban disproportionately affects African Americans, who are more likely to be convicted of drug felonies. It also hurts women and children, since a majority of welfare recipients are single mothers. Taking away these benefits makes it much harder for people to get back on their feet after incarceration.
There are some exceptions – for example, if you complete a drug treatment program or get a pardon. But for most people the ban is permanent. This creates a vicious cycle where people struggle to make ends meet, and end up back in trouble.
No Federal Student Aid
Another impact is losing access to federal student aid, including Pell grants, federal student loans, and work study jobs. Just like the welfare ban, this applies to people with felony drug convictions [5]. It makes getting an education – one of the best ways to rebuild your life – much harder.
To get federal aid back, you need to complete a drug rehab program or get the conviction overturned. This can take years, if it happens at all. In the meantime, people struggle to pay for school or just give up on higher education.
Loss of Public Housing
People with felony convictions can also lose access to public housing. Federal law gives local housing authorities broad discretion to deny housing to people with criminal records [2]. Many authorities have policies banning people with felonies, or even certain misdemeanors.
This forces people into homelessness or substandard housing after release. And shaky housing situations can cause people to end up back in the criminal justice system. Advocates argue that everyone deserves a safe place to live, but these bans remain common.
Loss of Social Security Benefits
Social Security retirement and disability benefits can also be impacted by a felony conviction. Benefits may be reduced or lost if someone is confined to a correctional institution for more than 30 days [6]. Any month spent in jail or prison counts toward this total.
Prisoners can apply to have benefits reinstated after release. But the process is complicated, especially for people with no permanent address or ID. And any overpayments made while incarcerated will be deducted from future benefits.
Employment Restrictions
Many jobs prohibit hiring people with felony records – this varies between states. But there are also federal employment bans, like not being able to work for defense contractors if convicted of fraud [1]. These kinds of bans make finding stable employment very difficult.
Getting an occupational license can also be restricted depending on the crime and state laws. So careers like nursing or accounting may be totally off limits.
Loss of Gun Ownership Rights
Under federal law, people convicted of felonies lose the right to own firearms. Certain misdemeanors can also lead to bans. These bans apply for life, unless you get a pardon or expungement. This prevents many people from owning guns for hunting, sport, or self-defense.
Loss of Voting Rights
Many states also prohibit people convicted of felonies from voting, sometimes temporarily and sometimes for life. Each state has different laws on this. Not being able to vote means losing your voice in choosing political leaders.
Voting bans have disproportionately affected communities of color. Advocates argue they should be abolished. Some states have started to restore voting rights to people after release from prison.
Deportation for Immigrants
Immigrants convicted of felonies can face deportation back to their country of origin. The law requires deportation for many crimes if the sentence is over 1 year. Other crimes lead to automatic deportation regardless of sentence.
This tears apart families and exiles people to countries they barely know. There are some forms of relief, but deportation is a very real risk. Many advocates argue deportation is another unfair collateral consequence.
Conclusion
These lifetime bans and restrictions make it very hard for people to get back on their feet after serving their sentence. They contribute to poverty and recidivism. Many argue we should focus more on rehabilitation and reintegration into society.
Some progress has been made, like restoring voting rights in some states. But more reform is needed to give people a true second chance. The consequences of a conviction should not follow someone for their entire life.