Collateral Consequences of Criminal Convictions

If you face criminal charges, you face more than a criminal conviction, sentence, and record.

Conviction can have various collateral consequences under federal and state laws. You need experienced, knowledgeable counsel to advise you of these consequences and to fight to avoid them when possible.

From employment, to student financial aid, to government benefits, a criminal conviction can have severe consequences for your livelihood and plans for the future. Here are just some of the possibilities:

Employment: Under Pennsylvania law, prospective employers may consider felony and misdemeanor convictions that relate to your suitability for employment in the position for which you have applied. Under federal law, many statutes make a person ineligible for federal employment upon conviction for certain crimes.

Armed Forces: Conviction for a felony makes one ineligible to serve in the Armed Forces and might result in the loss of military pensions.

Student financial aid: Under federal law, anyone with a federal or state conviction involving the possession or sale of a controlled substance is prohibited from receiving federal financial aid for post-secondary education for specified periods of time. This affects the ability to receive federal grants, loans, and work assistance.

Professional consequences: Under Pennsylvania and sometimes federal law, licensed accountants, doctors, educators, lawyers, and nurses face a variety of disciplinary consequences, including suspension and revocation of their licenses, for certain criminal convictions.

Social services: Federal law provides for revocation of some social service benefits (i.e., food stamps, emergency assistance, Pell grants, housing assistance) for certain drug convictions. While Pennsylvania has opted-out of the federal drug felon ban for TANF and food stamps programs, other states might participate in the ban.

Driver’s license privileges: Pennsylvania suspends driver’s licenses for certain drug-related offenses. Such offenses include driving under the influence and a range of offenses for possession, sale, and delivery of controlled substances. Driver’s licenses limited to occupational purposes are not available to individuals convicted of driving under the influence or other drug-related offenses until the period of suspension or revocation has been served.

Adoptive and foster parenting: Prospective foster and adoptive parents are barred forever by the commission, attempt, solicitation, or conspiracy to commit violent and sexual felonies and misdemeanors, and are barred for five years by drug-related felony convictions. 23 Pa.C.S. § 6344(c); 55 Pa. Code § 3490.123(d)(2). Convictions for other crimes can affect the application process. Convictions for residents who are not the parents might affect the parents too.

Voting rights: In Pennsylvania, no person “confined in a penal institution” is eligible to vote. This has been interpreted to apply to persons convicted of a felony.

Sex offender registration: Every state has legislation requiring convicted sex offenders to register their place of residence following conviction. Under federal law, a registered offender who moves to another state must notify both the FBI and the new state of residence.

The normal consequences of a criminal conviction—fines and imprisonment—are severe. The collateral consequences make matters worse. Contact the criminal defense lawyers at Masorti & Sullivan, P.C., today. We are prepared to craft your best defense to try to avoid the direct and collateral consequences of a criminal conviction.