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The Collateral Consequences of a Criminal Record

The Lasting Impact of a Criminal Record

A criminal record creates challenges for many individuals. These collateral consequences can impact employment, housing, family dynamics and civil liberties. Today, over 9 million people have a felony conviction, and many continue to struggle to reintegrate into society.

Employment Issues

Individuals with criminal records often face discrimination in the job market. In turn, that can lead to financial instability. Unfortunately, federal laws allow employers to inquire about an applicant’s criminal history. Also, almost all employers conduct some form of background check. These individuals are often passed over in favor of those without a criminal record. All of that can affect their ability to secure gainful employment.

Housing Problems

A criminal record can cast a long shadow over housing opportunities. Many individuals with records encounter hurdles when securing and maintaining stable housing. Even being arrested can jeopardize their living arrangements and lead to eviction.

Many public housing agencies and private landlords have policies that limit or flat-out deny housing to those with criminal histories. Unfortunately, that has led to higher rates of homelessness among formerly incarcerated individuals.

Separation of Families

The collateral consequences often extend to family relationships. These individuals experience heightened scrutiny and risk being separated from their loved ones. Even without criminal charges, legal system involvement can trigger child welfare investigations. When that happens, they often have to consult with a Morristown criminal defense lawyer to help protect their rights.

Loss of Civil Rights

A criminal record strips individuals of fundamental civil rights. Millions of people in the United States cannot vote due to prior convictions. This loss of voting rights heightens existing inequalities within the democratic process. Additionally, those with felony convictions are often excluded from serving on juries. In turn, that can limit their participation in civic life.

Educational Barriers

Individuals with criminal records often face challenges when seeking higher education. Most four-year colleges in the United States require applicants to disclose their legal histories. This practice leads to economic inequalities. It can also restrict personal growth and development opportunities for these individuals.

Financial Strain

Individuals with criminal records also experience financial strain due to collateral consequences. This situation can create more difficulties for them. Sometimes, a criminal history can make it harder for them to secure stable housing, access public benefits and gain employment. Sadly, this cycle of poverty is difficult to break.

Individuals who face employment discrimination often struggle to access public benefits, such as Temporary Assistance for Needy Families (TANF) and Supplemental Nutrition Assistance Program (SNAP). Unfortunately, only a few programs address these economic challenges and provide a more equitable path for individuals seeking to rebuild their lives.

Long-Term Scrutiny

These individuals experience invasive scrutiny through parole or probation. With that, the criminal justice system severely limits their time, mobility and conduct. As a result, it can impede a person’s successful reintegration into society.

Changing the System

When society recognizes the impact of collateral consequences, that can lead to policy reform. Legislators must reevaluate laws that allow employers to ask about criminal history. With that, they can work toward fairer hiring practices to dismantle barriers to employment.

By advocating for changes in housing policies, both in the public and private sectors, society can address the housing instability faced by individuals with criminal records. Public awareness campaigns and legal initiatives that challenge the stigmatization of a criminal history are important. As a result, it shows that the community values rehabilitation and reintegration over continued punishment.

Community support and rehabilitation programs can help individuals with criminal records overcome the challenges posed by collateral consequences. Counseling, job training and educational opportunities empower individuals to break the cycle of poverty and reestablish their lives. Society needs to recognize the potential for growth and change in every individual.

Reach Out To a New Jersey Criminal Defense Attorney

A criminal conviction can lead to life-altering consequences. We can assist with your criminal defense at the Law Office of Gregg Wisotsky. We will help you navigate New Jersey’s legal system. To discuss your case with a Morristown criminal defense lawyer, call 973-898-0161 or fill out our contact form.

Categories: Criminal Defense

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© 2024 Gregg A. Wisotsky, Esq. Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, Attorney at Law. All Rights Reserved.

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