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Posted on January 18, 2025 in Criminal Defense

What Are Collateral Consequences?

When you’re facing criminal charges in Phoenix, Arizona, the focus is often on the direct penalties: jail time, fines, probation, or community service. However, there’s another important consideration that many defendants overlook—the collateral consequences of a criminal conviction. These are the unintended, often long-lasting effects that a conviction can have on a person’s life, well beyond the courtroom. 

While collateral consequences don’t involve formal punishment, they can significantly impact your employment, housing, immigration status, and more. Understanding these consequences can help you make informed decisions as you navigate the legal process. 

What Are Collateral Consequences?

Collateral consequences refer to the legal, social, and economic impacts that follow a criminal conviction but are not part of the formal sentence imposed by the court. They include a wide range of penalties or restrictions that might affect an individual’s personal life, career, and future prospects. While these consequences are not part of the criminal sentence itself, they can be just as life-altering and, in some cases, even more detrimental in the long term.

In Arizona, like many other states, collateral consequences can vary depending on the type of crime, the individual’s criminal history, and their personal circumstances. Some of the most common collateral consequences include:

Employment Restrictions

A criminal conviction can make it much harder to find or maintain employment. Many employers conduct background checks, and certain crimes, especially felonies, can disqualify you from specific jobs or industries. For example, those convicted of drug offenses may face restrictions in obtaining jobs in healthcare or childcare, which require strict background screening.

Under Arizona Revised Statutes (A.R.S.) § 13-907, certain individuals may be eligible for expungement (or set-aside) of their criminal record, depending on the offense. This means that, in some cases, individuals can request that their conviction be removed from their criminal history. However, not all offenses are eligible for expungement, and the process can be difficult to navigate without legal assistance.

Loss of Voting Rights

In Arizona, individuals convicted of a felony offense lose their right to vote while incarcerated. However, once they have completed their sentence, including probation or parole, their voting rights are automatically restored. According to Arizona law, individuals must complete all terms of their sentence before they can register to vote again.

For some people, the loss of the right to vote can be particularly significant, as it can limit their participation in their community and in the democratic process.

Ineligibility for Federal Benefits

Certain criminal convictions can make you ineligible for federal benefits, including public housing, food assistance, and student loans. Under the Federal Higher Education Act, those convicted of drug crimes may face restrictions on their eligibility for student loans, although there are some exceptions and the possibility of having these restrictions lifted under certain conditions.

Immigration Consequences

For non-citizens, even a minor criminal conviction can have significant immigration consequences. Under both Arizona law and federal law, certain convictions may result in deportation or make a person ineligible for citizenship.

In some cases, individuals may be able to avoid deportation by seeking a waiver, but the process is complicated and depends on several factors, including the specific charges, the individual’s history, and their current immigration status. As such, it is essential to consult with an immigration attorney to understand the full implications of a criminal conviction on your immigration status.

Difficulty Securing Housing

A criminal record can also affect your ability to rent or buy a home. Many landlords conduct background checks and may refuse to rent to individuals with certain convictions, especially felonies. In Phoenix, as in many other cities, finding housing can be difficult for individuals with a criminal background, particularly in areas with stricter rental policies.

The Fair Housing Act prohibits discrimination based on race, color, religion, sex, familial status, and national origin, but it does not protect individuals from discrimination based on criminal history. In fact, some landlords may be legally allowed to refuse to rent to someone with a felony conviction, particularly if the conviction is recent or relates to crimes like assault or drug offenses.

Impact on Family and Relationships

The consequences of a criminal conviction extend beyond the individual; they can also have a ripple effect on family and relationships. A conviction can lead to the loss of custody of children, as courts may be reluctant to award custody to someone with a criminal record. Additionally, the stigma of a conviction can strain personal relationships and lead to social isolation.

If the crime involves domestic violence, there may be additional family law consequences, including restrictions on contact with family members, temporary protective or restraining orders, and challenges in visitation or custody arrangements.

How a Criminal Defense Attorney Can Help

Understanding collateral consequences is crucial when facing criminal charges in Phoenix, Arizona. An experienced criminal defense attorney can help you understand the full impact of a conviction and may be able to mitigate the consequences you face, including through:

  • Plea negotiations: A skilled attorney may be able to negotiate a plea agreement that results in reduced charges, helping you avoid some of the more severe collateral consequences.
  • Expungement or set-aside: If you’re eligible, an attorney can help you petition for expungement or the set-aside of your conviction, giving you a chance to clear your criminal record and reduce the impact on your life.
  • Immigration relief: For non-citizens, an attorney can help you explore options to avoid deportation or mitigate the impact of a conviction on your immigration status.

To consider the best possible outcome for your future, consider contacting a Phoenix criminal defense lawyer as soon as possible. 

Contact Orent Law Offices Today for More Information

A criminal conviction in Phoenix can have severe, long-lasting collateral consequences, affecting employment, immigration, housing, and personal relationships. Understanding these impacts is crucial, and a skilled criminal defense attorney can help minimize them. If you’re facing charges, contact Orent Law Offices today to discuss your options and protect your future.

Contact the Criminal Defense Lawyers at Orent Law Offices, PLC In Phoenix To Get Legal Assistance Today

For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.

 

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