Commenting on collateral consequences

Commenting on collateral consequences in a court-martial trial

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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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