Collateral consequences of criminal conviction

Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to criminal convictions. They are not part of the direct consequences of criminal conviction, such as prison, fines, or probation. They are the further civil actions by the state that are triggered as a consequence of the conviction.

The criminal justice system applies criminal law to defendants accused of committing a crime. If the defendant is found guilty or pleads guilty, the sentencing authority (usually a judge) imposes a sentence. The sentence is a direct consequence of the conviction.

This sentence can take many forms, including loss of privileges (e.g. driving), house arrest, community service, probation, fines and imprisonment. Collectively, these consequences of the crime are referred to as direct consequences – those intended by the judge, and frequently mandated at least in part by an applicable law or statute.

However, beyond the terms of the sentence, a defendant can experience additional state actions that are considered by the States to be collateral consequences such as: disenfranchisement (in some countries this may be separately meted out), disentitlement of education loans (for drug charges in the United States), loss of a professional license, or eviction from public housing. These consequences are not imposed directly by the judge, and are beyond the terms of a sentence itself for the actual crime. Instead, they are civil state actions and are referred to as collateral consequences. In most jurisdictions, being charged with a crime can trigger state civil action in the form of an investigation to determine if the charge(s) trigger the civil statutes that attach to the criminal charges. An example would be criminal charges that can trigger deportation, or the revocation of a professional license, such as a medical, nursing, or pharmacist license. Being subject to collateral consequences has been called a form of civil death.

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