Gonzalez & Waddington – Attorneys at Law

What are the Collateral Consequences of a Federal Felony Conviction – Military Conviction?

A federal felony conviction carries numerous collateral consequences that can affect various aspects of a person’s life long after serving their sentence.

Here are some of the most significant collateral consequences of a Federal felony conviction/military conviction:

  1. Loss of Voting Rights: In many states, convicted felons lose their right to vote, sometimes permanently, although some states restore this right after completion of the sentence.
  2. Employment Restrictions: A felony conviction can make it difficult to find employment. Many employers conduct background checks and may be unwilling to hire individuals with a felony record. Certain professional licenses and certifications may also be revoked or denied.
  3. Loss of Professional Licenses: Felony convictions can result in the loss of professional licenses for occupations such as law, medicine, real estate, and teaching, among others.
  4. Ineligibility for Public Office: Convicted felons are often barred from holding public office.
  5. Firearms Restrictions: Federal law prohibits felons from owning, possessing, or purchasing firearms and ammunition.
  6. Loss of Public Benefits: Certain public benefits, such as federal student loans, welfare benefits, and housing assistance, may be denied to individuals with felony convictions.
  7. Immigration Consequences: Non-citizens convicted of a felony may face deportation, exclusion from re-entry into the United States, or denial of naturalization.
  8. Family Law Impacts: A felony conviction can affect parental rights and child custody arrangements.
  9. Travel Restrictions: Felons may face restrictions on their ability to travel internationally. Some countries deny entry to individuals with felony convictions.
  10. Social Stigma: Convicted felons often face social stigma and discrimination, which can affect personal relationships and community standing.
  11. Inability to Serve on a Jury: Felons are generally prohibited from serving on juries.
  12. Financial Consequences: Felony convictions can lead to significant fines, restitution, and the forfeiture of assets. Additionally, individuals may have difficulty obtaining credit or loans.
  13. Loss of Driver’s License: In some cases, felony convictions, particularly those related to DUI or drug offenses, can result in the suspension or revocation of a driver’s license.
  14. Educational Barriers: Convicted felons may be ineligible for certain scholarships or educational programs.
  15. Housing Restrictions: Felony convictions can make it difficult to find housing, as many landlords conduct background checks and may refuse to rent to individuals with a felony record.

Lesser-known collateral consequences of a criminal conviction include:

  • ineligibility for public benefits, such as food stamps
  • ineligibility for government-sponsored student loans and grants; 
  • restrictions on certain types of employment or occupational licenses; 
  • ineligibility to provide foster care to minor family members
  • prohibitions on working with children
  • loss of professional license or certification
  • limitations on adoption or foster care
Collateral Consequences Of A Military Court-Martial Conviction
Collateral consequences of a military court-martial conviction

Infographic of Collateral Consequences of a Military Court-martial Conviction

COLLATERAL CONSEQUENCE

“Collateral consequence’’ means a collateral sanction or a disqualification.

COLLATERAL SANCTION

The term ‘‘collateral sanction’’

  • means a penalty, disability, or disadvantage, however, denominated, that is imposed by law as a result of an individual’s conviction for a felony, misdemeanor, or other offense, but not as part of the judgment of the court; and
  • does not include a term of imprisonment, probation, parole, supervised release, fine, assessment, forfeiture, restitution, or the costs of prosecution.

DISQUALIFICATION

The term ‘‘disqualification’’ means a penalty, disability, or disadvantage, however, denominated, that an administrative agency, official, or a court in a civil proceeding is authorized, but not required, to impose on an individual convicted of a felony, misdemeanor, or other offense on grounds relating to the conviction.

Ineligibility for public benefits, such as food stamps; ineligibility for government-sponsored student loans and grants; restrictions on certain types of employment or occupational licenses; and ineligibility to provide foster care to minor family members. While some consequences are limited to a certain type of offense, such as prohibitions on working with children.

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