Collateral Consequences Of Criminal Convictions
Article provided by Rothman & Associates, P.A.
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People convicted of crimes generally face a number of consequences that remain with them long after they have served any court-imposed sentence. These collateral consequences take many forms and vary widely depending on the jurisdiction. In addition to changes in a person's legal status due to conviction, the stigma of a criminal record may bring about more subtle and widespread forms of discrimination and social ostracism.
Disenfranchisement
The right to vote of people with felony convictions varies from state to state. Two states permit prisoners, parolees and probationers to vote. Thirteen states allow probationers and parolees to vote, eight states reinstate probationers voting rights and 20 states restore voting rights to people who have completed their sentences.
In 2007, Florida moved to restore voting rights to convicted felons. Florida's felony voter registration law divides applicants into three categories based on the gravity of their crimes. Those convicted of nonviolent crimes do not need to apply for restoration of voting rights and merely need to re-register. Individuals convicted of violent crimes, not including murder and sexual battery, must apply to the clemency board. The board may grant rights immediately or investigate on a case-by-case basis. People convicted of the most violent crimes, such as murder and sexual battery, must face a more thorough investigation and must attend a meeting of the clemency board before their rights may be restored.
Driving Privileges
People with criminal records may encounter additional obstacles and penalties. After a conviction for drunk driving, most drivers will see their automobile insurance rates increase for at least three years. Insurance companies consider these individuals to be "high-risk" drivers. Auto insurance premiums may double, and in some states, even triple.
Some statutes require the judge to suspend the license of a person convicted of the crime. In other circumstances, a conviction results in a suspension of a driver license by the Department of Highway Safety For example, conviction for marijuana possession in Florida may result in loss of driving privileges for up to two years.
Employment Consequences
Limited employment opportunities are one of the most serious secondary consequences of conviction. People with criminal records face widespread employment discrimination. Criminal records are easily accessible and widely available to employers; employers can download them from the internet at minimal cost.
For many people with criminal convictions, the employment consequences of their convictions are more severe than the criminal punishment. People with criminal records often experience high unemployment rates and low wages. A study based in Florida found that over 40 percent of jobs have some restrictions based on criminal history.
Many states impose statutory bans on people with certain convictions from working in certain industries, such as child care, nursing and home health care. A conviction for certain crimes can mandate the denial of some government benefits, such as loans, grants, contracts or unemployment benefits.
Furthermore, some criminal convictions result in restrictions on professional licenses, which can also impede the search for employment. Some licensure statutes provide that a person convicted of certain crimes cannot obtain the license, while other professional licenses are simply more difficult to obtain for a person who has been convicted of a crime.
Housing Restrictions
Sex offenders subject to residence restrictions typically experience decreased housing availability, increased homelessness and significant financial hardship. Residence restrictions may force offenders to live farther away from employment opportunities, treatment services and public transportation. Under the laws of many Florida cities, sex offenders are prohibited from living within 2,500 feet of schools, parks, churches or any place where children might congregate.
As many as 70 registered sex offenders have been living outside or under the Julia Tuttle Causeway in Miami, Florida. Miami-Dade County ordinances, which are more restrictive than Florida's state laws, have made it nearly impossible for these individuals to find housing. The colony of sex offenders is an encampment of tents and shacks under a bridge that began forming more than two years ago. These individuals are not permitted to live within 1,000 feet of places where children congregate.
Even for those who can find housing that complies with the local ordinances, though, renting an apartment or obtaining a mortgage may seem nearly impossible. Landlords generally perform background checks, and may deny approval to people with criminal records. Depending on the type of crime, a criminal conviction may increase the likelihood that a lender will turn one down for a mortgage.
Immigration Consequences
For those who are not U.S. Citizens, a criminal conviction may have serious immigration consequences. An individual may be removed from the U.S. even if they have permanent residence (a green card), a student visa, a temporary worker visa or asylum or refugee status.
Other Consequences
Although these are some of the most significant consequences for the day-to-day lives of people convicted of crimes, this list is by no means exhaustive.
Those convicted of felonies are required to register in the state in which they reside. Failure to register could result in the person being arrested, charged with another crime and sentenced to a term of imprisonment.
If someone is convicted of a crime and later arrested for a separate crime, that person faces the possibility of significantly enhanced penalties because of the prior conviction.
Finally, it is important to note that the ultimate consequences largely depend on the particulars of any situation. A withholding of adjudication will have different consequences than a conviction. A conviction under one statute may have different consequences than a plea bargain reached for a lesser crime.
Because a criminal conviction may have such serious consequences, it is important to do everything you can to protect your rights if you're facing criminal charges. Contact an experienced attorney to discuss your options and protect your interests.
