What Is Collateral Consequence as It Relates to A Felony Conviction?

Common knowledge around criminal convictions means that most people have an understanding of the kinds of consequences that an individual might face if they are convicted of a crime. These common consequences will often include potential jail time, monetary fines, covering the cost of court, and community service hours.

Alongside the more common consequences that you might associate with a criminal conviction come the collateral consequences. Collateral consequences most often take the form of additional sanctions or penalties that may result from a conviction without any kind of notice.

To further explain what collateral consequences are as they relate to a felony conviction, we take a look at what it all means below and what to do if you have further questions.

What Are Collateral Consequences of Criminal Conviction?

First off, collateral consequences of criminal convictions are legal restrictions that can limit people who have been convicted of crimes from access to certain rights/opportunities.

According to the National Inventory of Collateral Consequences of Conviction (NICCC), these legal restrictions can affect individuals in a number of areas. They can impact employment, “business and occupational licensing, housing, voting, education, and other rights, benefits, and opportunities.”

Other collateral consequences that an individual might face include denied access to government benefits and certain programs that are usually open to participation such as “student loans, housing, contracting and other forms of participation in civic life.”

The most common collateral consequence that you might know of is the loss of the right to vote if an individual is convicted of a felony as detailed in Section 2961.01 of the Ohio Revised Code.

What Kinds of Collateral Consequences of Criminal Convictions Exist?

Created in 2012 by the Criminal Justice Section of the American Bar Association, the NICCC is an online database that identifies different collateral consequences across the United States. Some of the listed collateral consequences in the database include:

• The publication of an individual’s criminal record
• Specific mandated notification of an individual’s criminal record to either the general public or certain individuals
• Suspension or ineligibility for certain licenses such as wholesale fish handling, non-commercial vehicle licenses, and wholesale fireworks licenses
• Ineligibility for things like government contracts and certain government programs
• Certain restrictions on things like living arrangements can affect custody of children and adoption

Collateral consequences can have long-term impacts on individuals. They can create barriers for people who are looking to reenter society after prison time has been served or even for individuals who face misdemeanors.

What Should I Do if I Have Questions on Collateral Consequences?

Collateral consequences and how they relate to felony convictions is a complicated topic that cannot be fully covered in just one post. With both federal and state laws potentially being at play, they can be quite complex.

If you are facing any type of conviction, it is always recommended to speak with a Columbus criminal defense attorney to explore consequences that may not be readily apparent. A defense attorney will be able to answer your questions more in-depth and help you to understand the collateral consequences that you might be facing.

The Maher Law Firm, LLC is a Columbus, Ohio-based law firm that focuses on criminal defense, DUI/OVI defense, traffic defense, and expungements (sealing of record).  For over ten years, clients throughout Columbus and Franklin County have placed their trust in The Maher Law Firm to successfully navigate the risks associated with criminal and traffic cases. If you have questions regarding criminal or traffic cases in Columbus, Ohio call them today at 614-205-2208 or contact them online today.