Collateral Consequences

Both criminal convictions and delinquency adjudications carry with them a host of sanctions and disqualifications that can place unanticipated burdens on individuals trying to re-enter society and lead lives as productive citizens. The impact of collateral consequences is most often discussed in the context of re-entry, however, collateral consequences are attached not only to felonies and incarcerated individuals but also to misdemeanors and individuals who have never been incarcerated. In fact, collateral consequences can even be attached to an arrest or a dismissed charge. Many collateral consequences affect a person’s employment and business opportunities and can deny them access to government benefits and programs including housing, student loans, driver’s licenses, military service, firearm possession, and immigration. Many of the collateral consequences are indefinite and continue long after rehabilitation and re-entry.

Furthermore, the collateral consequences of a juvenile adjudication doubly punish youth by limiting their ability to move forward after they have complied with court-ordered requirements. These consequences are unique from those in the criminal justice system primarily because they defy and prevent the rehabilitative purpose of juvenile court. There is a continual myth both within the justice system and with the public in general that juvenile records are private. That simply isn’t true. Juvenile records are accessible to the public, they are shared with the FBI, and there continues to be increased access and sharing of juvenile records through social media, online databases and background check companies which magnify the harmful impacts of referrals to and adjudications in juvenile court.

It is important for defendants and Legislators alike to understand the full range of collateral consequences, not only to address public safety but to understand the barriers to successful participation in society that are formed by the justice system. Our organization worked with Senator Thatcher and the Utah Sentencing Commission on S.B. 126 Sentencing Commission Requirements, which requires the Utah Sentencing Commission to maintain an updated guide of collateral consequences to provide to defendants before they enter a plea.