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NIJ Update

Collateral Consequences of a Criminal Conviction: Impact on and Reentry

By Catherine E. Forrest

Author’s Note: Opinions or points lure or force ex-offenders back to These programs could begin in of view expressed in this document a life of , thereby reentering prison and continue as long as are those of the author and do not the criminal system and needed during reentry. reflect the official position of the increasing correctional cost. U.S. Department of Justice or the While some collateral con- Addressing the Issue American Correctional Association. sequences have an important, specific function — for instance, Collateral consequences have preventing someone who has long been hidden, buried in the The consequences of a crimi- been convicted of a sex offense language of state and federal stat- nal conviction don’t end with the from serving as a foster parent utes and codes, without a straight- prison served or fines — others apply broadly to any- forward way for individuals, their paid. Collateral consequences one with a criminal conviction, attorneys or their sentencing judg- — separate from and in addition regardless of whether the conse- es to know which ones might be T pertinent and applicable to a spe- to direct consequences, such as quence is relevant to that person’s , fines and commu- crime and whether they are likely cific situation. However, having nity supervision — continue to to reoffend.2 For instance, Texas this information is critical for mak- affect millions of Americans who prohibits any person convicted of ing informed decisions during the have been convicted of a crime as a misdemeanor from serving as course of a criminal case and for they attempt to develop produc- an instructor at a career school understanding the legal and regu- tive lives after their release and or college. Such a consequence latory barriers to reentry. To rem- rehabilitation.1 could strike a devastating blow edy the lack of a central resource, to a former instructor seeking NIJ awarded a grant to the Ameri- Unexpected Collateral employment and force that indi- can Bar Association (ABA) to under- vidual back to a life of crime (and take a national study compiling Consequences possibly back to prison) in order collateral consequences for feder- Some of the most well-known to survive. al and state criminal convictions, collateral consequences include Striking a balance between pub- as well as provisions for relief, if being prohibited from voting or lic safety and successful reentry any, from those consequences. owning a firearm, but there are is critical to reducing the prison The purpose was to “understand thousands of other, less well- population and reducing correc- the full range of collateral conse- known consequences that vary tional costs. With proper moni- quences a convicted person expe- by jurisdiction, type and duration. toring, offenders rejoining their riences after leaving the custody 3 People who have served their communities should participate of the system.” time and been released to society in treatment programs that can ABA researchers used the LEXIS may find themselves barred from improve their lives and their fam- database to search for and exam- reuniting with a child, ineligible ilies’ lives — programs such as ine and regulations contain- for certain types of employment academic courses, vocational ing specific language as a predic- or unable to live in public housing. training, substance abuse thera- tor of a collateral consequence. Such obstacles to earning a living pies and other rehabilitation pro- Upon determining that a or and enjoying a quality life could grams focused on reintegration. regulation does, in fact, impose a

30 — January/February 2016 Corrections Today a plea or proceed to . Judg- es can take into account the full Striking a balance between public safety array of real consequences that their sentences will impose and and successful reentry is critical to how the collateral consequences reducing the prison population and may hinder successful reentry. Finally, professionals who work reducing correctional costs. in the release and rehabilitation process can use the information gleaned from NICCC to better serve and inform the millions of consequence, the law or regula- will keep many people from Americans who leave the criminal tion was coded by lawyers and obtaining employment, accessing justice system and rejoin their entered into a database.4 housing, higher education, loans communities. The results of ABA’s study has and credit — even if they’ve paid been released in the form of an their debt to society, turned their ENDNOTES 1 interactive website, the National lives around, are qualified and Berson, S.B. 2013. Beyond the sentence Inventory of the Collateral Conse- are unlikely to reoffend.” William — Understanding collateral consequenc- es. NIJ Journal, 272: 24-28. Washington, quences of Conviction (NICCC), C. Hubbard, president of ABA, D.C.: National Institute of Justice. which is a publicly accessible added that “for the first time, 2 database comprising more than there is reason to believe that Blumstein, A. and K. Nakamura. 2009. 45,000 collateral consequences conscientious judges and lawyers ‘Redemption’ in an era of widespread criminal background checks. NIJ Journal, and civil disabilities. Users can will pay attention to collateral 263: 10-17. Washington, D.C.: National navigate to their state of resi- consequences as they dispose of Institute of Justice. dence and then sort by a number criminal cases. Before 3 of criteria, including type of crime plead guilty to an offense, they National Institute of Justice. 2009. Nation- al study of collateral consequences for crim- and category of consequence. can see the full effect of what that inal convictions. Retrieved from http://nij. The inventory offers a quick, plea may cost them.” The sum- gov/funding/pages/funding-detail.aspx? intuitive method for finding the mit featured panels on reentry, solicitationid=1935. exact sanctions or disqualifica- criminal records and sentencing 4 American Bar Association Collater- tions that apply to a specific case considerations, with notable al Consequences. 2013. Project descrip- based on jurisdiction and type of speakers including James Cole, tion. Retrieved from www.abacollateral crime. According to ABA’s NICCC former deputy U.S. attorney gen- consequences.org/description. website, as a result of the grow- eral; U.S. District Judge Paul L. 5 Ibid. ing incidence and severity of col- Friedman of the District of Colum- lateral consequences, “millions bia; District of Columbia Superior Catherine E. Forrest of Americans are consigned to Judge Michael L. Rankin; is a former senior a kind of legal limbo because at and Carrie Johnson, justice cor- writer-editor for the one point in their past they com- respondent for National Public National Criminal mitted a crime.”5 The inventory Radio. Justice Reference Ser- gives users a tool with which to vice. navigate the complex landscape Looking Ahead of collateral consequences and, importantly, find avenues to relief The inventory has broad from those civil disabilities. applications for individuals and The First National Summit on criminal justice professionals. Collateral Consequences, held With this tool, users can better Feb. 27, 2015, in Washington, understand the full spectrum of brought together national leaders effects that arise from a convic- in to celebrate the tion — the penalties imposed completion of the inventory and by the judgment of the court are to discuss the issues. In her key- only the beginning. Having access note address, Amy L. Solomon, to this information prior to the director of policy at the Office of disposition of a criminal case Justice Programs, noted that the can help defendants and their “long-term — sometimes lifetime attorneys make more informed — impact of a decisions about whether to enter

January/February 2016 Corrections Today — 31