Legal Definitions - collateral consequence

A collateral consequence refers to a penalty or disadvantage that arises automatically from a criminal conviction, but which is separate from and in addition to the direct punishments imposed by a court's sentence (such as imprisonment, fines, or probation). These consequences often continue to affect an individual long after their primary sentence has been served, impacting various aspects of their life, from civic participation to employment and housing.

Here are some examples illustrating collateral consequences:

• Loss of Voting Rights: Imagine a person is convicted of a felony and serves their full prison sentence. In many states, this conviction automatically results in the loss of their right to vote, either temporarily or permanently, even after they are released from prison and have completed all aspects of their court-ordered sentence.

  This illustrates a collateral consequence because the loss of voting rights is not a punishment handed down by the judge as part of the prison sentence itself. Instead, it is a separate legal effect triggered by the felony conviction, continuing to impact the individual's civic participation long after their time in prison is complete.

• Ineligibility for Public Housing: Consider an individual with a past drug conviction who has served their time and is now seeking stable housing. Many public housing authorities have policies that deny housing assistance to individuals with certain types of criminal records, regardless of whether they have completed their sentence and are otherwise eligible for aid.

  The inability to access public housing is not a direct part of the court's sentence for the drug offense. It is an indirect consequence imposed by a separate administrative body (the housing authority) that restricts access to a social service based on the prior conviction.

• Deportation for Non-Citizens: A non-citizen legal resident is convicted of a serious misdemeanor, serves a short jail sentence, and pays a fine as ordered by the criminal court. Depending on the specific crime, this conviction could trigger deportation proceedings, leading to the individual being removed from the country.

  This is a collateral consequence because the deportation is not part of the criminal court's sentence (which was jail time and a fine). It is a severe, separate legal consequence under immigration law that is automatically activated by the criminal conviction, profoundly affecting the individual's right to reside in the country.