Collateral Consequences: What They Are and How They Affect Californians
When people think of how a crime might affect their life, they usually think of jail, fines, probation, and similar punishments. But criminal convictions can also create outcomes that are not directly related to sentencing. Lawyers call these outcomes collateral consequences.
This article discusses what collateral consequences are and why they matter. It also explains how a Marin County criminal defense attorney can help.
What Are Collateral Consequences?
Nearly every crime involves two types of consequences: direct and indirect.
Direct consequences include things like jail, probation, fines, and restitution. A judge imposes these during sentencing. However, most crimes also carry indirect outcomes that the criminal court does not control. These are collateral consequences.
What Types of Collateral Consequences Can a California Conviction Create?
A criminal conviction can affect many areas of your life. Here are a few examples.
- Employment
A criminal conviction can jeopardize your current and future employment.
You may have heard that California’s Fair Chance Act makes it illegal for companies to ask candidates about their criminal background during the application process. This is true, but once a company makes an offer, it can conduct criminal background checks. The law then allows potential employers to consider specific types of criminal convictions under certain circumstances. So, if their use of criminal history information doesn’t violate the law, California employers can legally rescind a job offer based on your criminal history.
- Professional Licensing
Many careers require professional licenses. Common examples include lawyers, teachers, real estate agents, doctors, and nurses. California law allows professional licensing boards to consider criminal convictions and even revoke licenses when specific criteria are met. Generally, the conviction must also relate to a person’s ability to work in the profession.
- Housing
A criminal conviction can place your housing at risk. Housing laws can be complicated, as both federal and California law govern the information landlords can consider before refusing to rent to someone. People who rely on public housing should know that federal housing law gives communities and landlords who participate in federally funded housing programs substantial authority to use criminal background checks. For private rentals, federal law has no blanket rules preventing private landlords from denying housing based on a potential tenant’s criminal history. California law, however, places significant restrictions on how landlords can use criminal histories.
- Immigration
Federal law is clear: criminal convictions can lead to deportation and other immigration proceedings. Crimes involving moral turpitude fall into this category. Other crimes that can create immigration risk include aggravated felonies, failure to register as a sex offender, certain domestic violence convictions, and many crimes involving drugs and guns.
Generally, both federal and California law require judges or defense attorneys to tell noncitizens how a conviction might affect their immigration status.
- Gun rights
Both federal and California law limit the gun rights of people with certain criminal convictions. As a result, a person who is not subject to California’s firearm restrictions may be limited by federal law, and vice versa. These laws typically apply not just to gun ownership, but also to using, possessing, or otherwise having guns.
Generally, the length of the firearm ownership restriction depends on the type of crime. In California, certain misdemeanor convictions can lead to a 10-year ban on gun possession. For qualifying felonies, the ban lasts a lifetime. Federal law limits gun ownership for most felony convictions, and the limit stays in place until the conviction is expunged or otherwise legally removed.
- Family law
When deciding custody, visitation, and similar matters, California law requires judges to consider the child’s best interests. The law says that in doing so, judges must look at factors such as the child’s health and safety, any history of abuse, and the use of drugs and alcohol in the home. It’s not surprising then that convictions for crimes such as domestic violence, child abuse, and driving under the influence are often raised in family court proceedings. Depending on the alleged conduct, the family court may consider it before the person is convicted.
Is it Possible to Avoid or Reduce Collateral Consequences?
Collateral consequences can be serious, but they can be addressed. The best possible outcome is getting the charges dismissed. An experienced attorney can fight for that outcome by, for example, challenging the weight of the evidence and how it was collected.
Also, the availability or severity of many collateral consequences depends on whether the crime is a felony or misdemeanor. An experienced Marin County defense attorney can help negotiate a plea deal for a lesser crime, which may help you avoid some collateral consequences.
Finally, California court rules allow judges to consider how any collateral consequences might affect the defendant. Your lawyer can explain how the collateral consequences will negatively impact you and ask the court to consider this and perhaps reduce them.
Frequently Asked Questions About Collateral Consequences in California Criminal Cases
- Can expungement eliminate collateral consequences?
It depends. Relevant factors include the crime, the type of relief requested, and the collateral consequences at issue. But generally, it’s best to talk to your defense attorney about the possible effects of expungement on your case.
- Does the judge have to warn me about collateral consequences before a guilty plea?
It depends. The law requires judges to warn defendants about immigration consequences, but the requirements are not as clear for other collateral consequences.
- Does a no contest plea have the same collateral consequences as a guilty plea?
Generally, yes. For felonies, California law says that, legally, no contest (nolo contendere) pleas are treated the same as guilty pleas. The issue may be slightly different for misdemeanors.
- Do you have to disclose a conviction if an application does not ask about criminal history?
Generally, no. Again, under California law, most employers cannot ask about criminal history. However, licensing boards or public industries or agencies, such as the California Lottery, may impose disclosure requirements.
How Can a Marin County Defense Attorney Help with the Collateral Consequences of a Conviction?
Collateral consequences can disrupt your life, but an experienced criminal defense attorney can help. They can investigate the collateral consequences related to your charges, figure out which ones matter most to you, and work with the prosecution and the judge to remove or reduce those outcomes.
If you’ve been charged with a crime and need legal representation, Brownstein Law Group can help. Fighting for your future is our mission. To learn more about how we can help you, call 415-795-9059 or use our online contact form.