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What Are the Collateral Consequences of a Federal Conviction in NYC?

March 21, 2024 Uncategorized

What Are the Collateral Consequenses of a Federal Conviction in NYC?

If your convicted of a federal crime in New York City, your probably worried about going to prison or paying fines. But theres also a whole bunch of other punishments that most people dont know about called collateral consequenses. These are extra legal penalties that happen automatically because of your conviction.

Some collateral consequenses only apply for felony convictions, but others happen even for misdemeanors. And there mostly imposed by states and the federal government, not the courts. So judges dont have a lot of control over them. There basically like secret punishments on top of your criminal sentence.

Losing Your Job

One of the biggest collateral consequenses is how a conviction can mess up your career, especially if you have a professional license. Tons of jobs require some kind of license or certification from the state of New York or the federal government. This includes doctors, nurses, lawyers, accountants, engineers, teachers, and even barbers or cosmetologists!

If your licensed job depends on having a “good moral character,” a criminal conviction can totally screw that up. They might suspend your license temprorarily or take it away permanantly! This happens automatically in some cases, like getting convicted of a felony leads to losing your teaching license. For other jobs it goes through a seperate process with the licensing board.

So if your a nurse convicted of prescription fraud, or an accountant who got busted for tax evasion, say bye-bye to your career. A drug conviction will also make you lose federal student aid, so you cant go back to school for a new job.

No More Public Benefits

Losing your career is bad enough, but a conviction can also screw up your access to public benefits like Medicaid, food stamps, public housing, welfare, and Social Security payments. Federal and state laws restrict people with felony drug convictions from getting most benefits, sometimes permanantly.

This catches a lot of people by suprise when they get out of prison. In New York felons cant live in public housing for 3 years after release, and most private landlords also deny housing applications if you have a record. So expect to be homeless for awhile!

Other Random Problems

There’s seriously like a thousand other penalties that I dont have room to list here. Like did you know a federal drug conviction means you can’t get federal grants or contracts, or work in airports, seaports, or any job involving transportation? What the heck is up with that!

You also cant vote or hold public office in New York if convicted of a felony. And any criminal conviction even a minor misdemeanor makes you ineligible to adopt a child or be a foster parent.

Oh and dont forget about immigration. If your not a U.S. citizen yet, almost any conviction can totally ruin your chances of getting a green card or citizenship. Even misdemeanors and minor offenses are considered “crimes of moral turpitude” that get you deported. Sucks to be you!

Trying to Get Rid of Extra Penalties

This huge pile of collateral consequences basically punishes people twice for the same crime. It keeps them from getting jobs or benefits for years or even life just because they messed up once. That’s why advocates have been pushing to scale back these laws, especially mandatory restrictions.

Some states like North Carolina now let people apply to get certain licenses back after demonstrating “good moral character.” New York also has a new law called the Clean Slate Act that seals records after 10 years clean. This helps reduce discrimination in housing and jobs.

For immigration issues though, theres not much you can do with a conviction on your record. Your basically screwed and will get deported. Shoulda read up on collateral consequenses before you decided to break the law buddy!

So thats a quick overview of how federal convictions completely trash your life in all kinds of ways you probably never thought about. The courts definitely wont warn you, so make sure you educate yourself ahead of time!

Citations:

NY Senate Bill S6509

NY Senate Bill S8

21 U.S. Code § 862a

NY Election Law § 5-106

NY Social Services Law § 374

NY Senate Bill S1343

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