Posted on January 18, 2025 in Criminal Defense
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.
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:
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.
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.
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.
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.
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.
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.
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:
To consider the best possible outcome for your future, consider contacting a Phoenix criminal defense lawyer as soon as possible.
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.
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.