Many people facing criminal charges focus only on the immediate penalties—jail time and fines. However, the consequences of a criminal conviction often extend far beyond the courtroom. Collateral consequences are the hidden penalties that can affect your employment, housing, education, voting rights, professional licenses, and immigration status. These collateral consequences can last a lifetime and impact you as severely as the sentence itself.
This page explains the major collateral consequences of criminal conviction and how to minimize them.
A criminal conviction can result in: immediate termination from your job, most employers conducting background checks and seeing your conviction, some industries (finance, education, healthcare, security) being more restrictive, and federal, state, and local government jobs typically unavailable to people with convictions. Some professional licenses are automatically revoked upon conviction, including medical licenses (doctors, nurses, therapists), legal licenses (lawyers automatically disbarred upon felony conviction), teaching licenses (teachers often lose certification), real estate licenses (brokers and agents typically lose licensure), and other professional licenses (contractors, accountants, insurance agents, etc.).
Criminal convictions can affect your housing stability. Landlords can evict tenants based on criminal activity. Most landlords conduct background checks and will not rent to people with convictions. Public housing programs typically deny housing to people with certain convictions. Federally-subsidized housing programs can exclude people with drug or violent convictions. Sex offender registration may restrict where you can live.
For non-citizens, criminal conviction can be catastrophic. Consequences include: deportation, inadmissibility (unable to re-enter the United States after leaving), loss of green card, ineligibility for citizenship, and bars to asylum. Certain convictions are “aggravated felonies” including crimes of violence, drug trafficking, certain theft crimes and burglary, and some other felonies. Conviction of an aggravated felony results in almost certain deportation. Before pleading guilty, your attorney MUST advise you of immigration consequences, especially if you’re not a U.S. citizen. Failure to do so can be ineffective assistance of counsel.
Criminal convictions can affect educational opportunities. Most colleges consider criminal history in admission decisions. Federal financial aid is denied to students with drug convictions. Student loans may be denied to people with convictions. Many scholarships have character requirements. Students already in college may be expelled.
In New York, your voting rights are affected by incarceration (not conviction itself). You lose your right to vote while incarcerated. Upon release from incarceration (whether on parole or after completing your sentence), your voting rights are restored automatically. No pardon is needed. Note: Other states have different rules. If you move, check the voting laws of your new state.
Criminal convictions affect your right to possess firearms. Federal law prohibits firearms possession following any felony conviction. Domestic violence convictions result in prohibition on possessing firearms (even for misdemeanors). Mental health commitments may result in firearms prohibition. Restoration of firearm rights is very difficult and in limited circumstances may be possible through petition to the court.
Criminal convictions can result in loss or reduction of public benefits. Drug felony convictions may result in permanent or temporary ban on SNAP (food assistance) benefits . TANF (welfare) benefits may be denied or reduced for drug convictions. Housing assistance public housing programs exclude people with certain convictions. SSI/SSDI benefits may be affected depending on the crime.
Criminal convictions can affect your rights as a parent. Judges consider criminal history in custody decisions. Courts can restrict your right to visit children. Certain felony convictions can be grounds for terminating parental rights. Criminal convictions can bar adoption in many cases. You cannot foster or adopt through federal programs with certain convictions.
Before you plead guilty, your attorney must fully explain all collateral consequences, especially: immigration consequences (if you’re not a U.S. citizen), professional license implications, employment restrictions, firearm restrictions, and public benefits impacts. Critical: If you’re not a U.S. citizen, consult an immigration attorney before pleading guilty to any crime.
Your attorney can negotiate pleas to charges with fewer collateral consequences. Consider: reducing felony to misdemeanor (preserves many rights that felonies eliminate), avoiding specific crimes (some charges have automatic consequences; others don’t), and choosing alternatives (drug charge alternatives avoid drug-specific consequences).
If eligible, sealing or expunging your record eliminates many collateral consequences. Once sealed, you can legally deny the arrest/conviction in most contexts. Note: not all convictions are eligible to be sealed.
For felony convictions, a Certificate of Relief from Disabilities restores certain rights and may help with employment.
For specific collateral concerns, consult specialists: immigration attorney (if you’re not a U.S. citizen), professional licensing attorney (if your professional license is at risk), and family law attorney (if child custody is at stake).
If you’re facing criminal charges, it is critical to understand all potential consequences—not just the sentence. Contact Parker MacKay to discuss the full impact of any charge or potential plea. Parker will fight to minimize collateral consequences and negotiate for the best possible outcome.
This page is for informational purposes only and does not constitute legal advice. Every case is unique. Consult with a qualified New York criminal defense attorney for legal advice on your specific situation.
Whether you are facing criminal charges, a complex business dispute, or need to protect a hard-won result on appeal, we bring the trial-tested experience your case demands.