A criminal conviction can affect more than the sentence imposed by a judge. It may create other legal and practical problems involving employment, housing, professional licenses, immigration status, firearms, and certain civil rights. These effects are often called collateral consequences.
Collateral consequences vary considerably based on the offense, a person’s circumstances, and the laws that apply. Some may last well beyond the completion of a jail or prison sentence, probation, or other court-ordered penalty.
Direct consequences are penalties that result directly from the criminal case. Common examples include incarceration, probation, fines, and other sanctions imposed by a court as part of a sentence.
Collateral consequences are separate from the sentence itself. For example, someone may finish serving a sentence but later encounter a restriction when applying for a professional license or seeking certain employment. Other consequences may affect a person’s immigration status, ability to possess firearms, or civil rights.
Some collateral consequences are imposed by law, while others are practical effects of having a criminal record. They may last for a limited period or continue long after the sentence is complete.
A criminal record may affect a person’s current job or future employment opportunities. Many employers conduct background checks, and a conviction may appear when someone applies for a new position.
Certain occupations also have laws or regulations governing whether people with particular convictions can hold specific jobs. The nature of the offense, the type of work, and applicable state or federal laws can all play a role.
A criminal record does not automatically prevent someone from finding employment. Various federal, state, and local laws regulate how employers may consider criminal history. Still, employment can be one of the most significant practical concerns following a conviction.
A criminal conviction may also create obstacles when a person is looking for a place to live. Landlords and property managers sometimes use criminal background checks when evaluating rental applications.
Criminal history can also be relevant to eligibility for certain forms of housing assistance. However, the existence of a conviction does not automatically make someone ineligible for all rental housing or housing programs.
The effect of a criminal record on housing varies based on factors such as the type of conviction, how long ago it occurred, the housing involved, and the rules governing the application.
Many professions require a license issued by a state agency or professional board. Depending on the occupation and offense, a criminal record may become relevant when a person applies for a license, renews one, or faces a disciplinary proceeding.
Licensing requirements vary widely among professions and jurisdictions. A conviction may require disclosure during the application or renewal process. In some circumstances, it may result in additional review or restrictions on a person’s ability to work in a regulated profession.
A conviction does not necessarily result in the denial or loss of a professional license. The rules of the particular licensing authority and the nature of the conviction are important factors.
For non-U.S. citizens, criminal charges and convictions can have serious immigration consequences. Federal immigration law identifies certain criminal offenses that may affect a person’s ability to enter or remain in the United States or receive certain immigration benefits.
In some cases, criminal conduct can lead to removal proceedings or affect admissibility. A conviction may also become relevant when a person applies for naturalization or another immigration benefit.
Criminal and immigration law do not always classify offenses in the same way. As a result, the immigration effect of a criminal case may not be clear simply from the name of the charge or the sentence imposed.
Some criminal convictions can restrict a person’s ability to possess, purchase, or receive firearms. Firearm restrictions may arise under federal law, state law, or both.
Federal law prohibits firearm possession by certain categories of people, including individuals convicted of crimes punishable by imprisonment for more than one year, subject to statutory exceptions. Other federal restrictions apply to certain misdemeanor domestic violence convictions.
States may impose additional firearm restrictions. Because state and federal laws operate independently in many situations, a person’s firearm rights may be affected even after all court-imposed penalties for a conviction have been completed.
A criminal conviction can affect certain civil rights, but the rules vary considerably from state to state. Voting rights are a common example. Some states restrict voting for people convicted of felonies during incarceration or for another period following conviction.
In New York, a person incarcerated for a felony conviction cannot register or vote while serving that period of incarceration. Once the person is released from incarceration, they may register or re-register and vote, including while on parole or other post-release supervision.
Criminal convictions can also affect other rights or civic activities, such as eligibility for certain public offices or jury service. Separate rules govern each of these areas, so the effect of a conviction is not the same for every civil right.
Collateral consequences can extend beyond the penalties imposed in court. A conviction may continue to affect employment, housing, professional licensing, immigration matters, firearm rights, and certain civil rights after the criminal case has ended.
If you are facing criminal charges in New York, contact Passalacqua & Associates, LLC by calling (315) 500-6425 to schedule a consultation with a Syracuse criminal defense attorney. We can discuss the charges against you and the legal consequences that may apply to your case.
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