People who are facing criminal charges often focus on the potential sentence they’ll face if they’re convicted of a crime, but they may not take the time to think about the collateral consequences that come with a conviction. These are consequences that occur outside of the sentencing phase of the criminal trial.
If you’re facing criminal charges, it’s critical to think about these collateral consequences because they can impact just about every area of your life. Some of the most noticeable include voting rights, immigration status, housing, employment, firearm possession, public benefits and professional opportunities.
Why is the impact significant?
Some collateral consequences can be hard to overcome. This is common when employers or landlords conduct background checks. Having a criminal conviction on your record could mean that an employer won’t extend a job offer or a landlord won’t approve a rental application.
In some cases, the collateral consequences are automatic. For example, certain fields, particularly those that require professional licensing, automatically bar individuals who have certain criminal convictions. Some may allow a person to receive licenses or obtain jobs if they’ve completed their full sentence and complete certain steps, but that’s usually not a guarantee.
While it’s impossible to remove all collateral consequences after a conviction, it might be possible to mitigate the ones you’ll have to deal with. Plea negotiations, charge reductions, diversion programs and record-related remedies are all possibilities. Because of the severity of some of these collateral consequences, it’s best to consider them when you’re setting up a defense strategy. It may be beneficial to work with someone who can help you determine your options for proceeding.
