When a judge hands down a sentence at the end of a criminal case that ends in a conviction, the defendant at issue is ordered to pay some sort of specific debt to society. This obligation may include imprisonment, fines and/or community service requirements, among other court-ordered consequences.
By contrast, a collateral consequence of a criminal conviction refers to any additional consequences of that conviction suffered by the defendant over time. These consequences can significantly affect various aspects of a person’s life long after the terms of their sentence have been served.
Common types of collateral consequences
While every defendant’s circumstances are unique, certain collateral consequences commonly unfold in the wake of a conviction, particularly for serious charges. They include:
- Employment restrictions: A criminal conviction can severely limit employment opportunities. Certain professions, particularly those requiring licenses (such as law, healthcare and education), may become inaccessible due to legal prohibitions or stigma associated with a conviction. In the case of a felony record, a former defendant may find that they can’t even pass a background check to drive a bus, serve fast food or sweep floors in a school or hospital.
- Housing difficulties: Finding housing can become challenging in the wake of a criminal conviction, as many landlords refuse to rent to individuals with criminal records. Public housing authorities also have stringent rules that can disqualify applicants based on their criminal history.
- Immigration consequences: Non-citizens convicted of crimes may face severe immigration consequences, including deportation, denial of re-entry or ineligibility for naturalization. Immigration authorities take criminal convictions seriously, and even minor offenses can lead to unfavorable outcomes.
- Educational Barriers: Criminal convictions can affect access to higher education. Some colleges and universities deny admission based on criminal records, and affected individuals may also be ineligible for federal student aid, scholarships or grants.
These are just a few of the reasons why, even if someone is willing to weather court-imposed penalties, presenting a strong defense is generally a superior option to pleading guilty to criminal charges. The collateral consequences of a conviction can be life-changing in truly challenging ways.