Being convicted of a crime has thousands of consequences besides incarceration – and some last a lifetime
- Written by Cynthia Golembeski, Robert Wood Johnson Foundation Health Policy Research Scholar; School of Law/School of Public Affairs and Administration J.D./Ph.D. Student, Rutgers University Newark
At least 77 million[1] U.S. adults have criminal records, including nearly 7 million currently in prison or jail or on probation or parole[2].
Typically, more than 10,000 of the incarcerated leave prison[3] and nearly 200,000 churn through jails[4] every week. But because more than 64,000 inmates and workers have become infected with the coronavirus so far[5], killing hundreds, some incarcerated people are being released ahead of schedule[6] from COVID-19 hotspots[7].
Kentucky[8], for example, has reduced its jail population by 32% since March, and the state’s prison population has decreased by 7%.
Like most formerly incarcerated people, those newly released from prison and jail are no doubt having a hard time[9] reconnecting with loved ones and securing health care[10], housing[11] and jobs[12]. That is the case even without a pandemic accompanied by an economic crisis.
One thing I’ve learned[13] while researching criminal justice reform[14] and teaching college classes in prisons is that the reason the transition to life outside the corrections system is so hard is that there are more than 44,000[15] indirect consequences of a criminal conviction.
These restrictions, which the Council of State Governments[16] tracks in great detail, can include everything like making it impossible to get a license to work as a barber, manicurist, plumber, driver, interior designer or midwife, to restricting where the formerly incarcerated can live, study and volunteer.
Barriers and bans
These rules and regulations, which researchers like me call “collateral consequences[17],” tend to be broad, vague and subjective. Punishments associated with a conviction can be mandatory or discretionary. The ramifications can be temporary or permanent.
There are also more than 1,000 federal-level statutes[18] with similar consequences for federal or state crimes.
Because lawyers, courts and other authorities don’t have to inform defendants[19] about these restrictions, they take many of the convicted by surprise.
This heap of state and federal restrictions affects entire families[20] and communities[21]. These burdens continue long after time served, and like incarceration[22] itself, they disproportionately affect people of color and those with low incomes[23].
These barriers can limit jury duty service[24], the right to hold public office[25], the ability to get driver’s licenses[26] or passports[27] and the freedom to serve in the military[28]. Veterans[29] may lose their pensions, insurance and health care.
The number per state ranges widely, from 319 in Vermont[30] to 2,388 in Louisiana[31].
Nationwide, a hodgepodge of policies prevent millions with felony convictions[32] from voting. An estimated 6 million Americans lacked the right to vote[33] in the 2016 election because of those restrictions.
Employment
At least 19,000[34] of these penalties affect employment and volunteering[35].
More than 13,000[36] relate to occupational licensing and certification[37].
That’s important because 1 in 4 U.S. workers need mandatory occupational licenses[38] to drive trucks, fix wiring and do other commonplace jobs.
Some state and federal laws do limit the use of arrest and conviction records in making hiring decisions[39]. Yet these discriminatory practices[40] remain widespread[41].
What about if the previously convicted try to go back to school to fare better in the job market? There are obstacles in that path as well.
Certain convictions may result in partial or full denial of college admission and financial aid during incarceration[42] and afterward[43].
Read more: I went from prison to professor – here's why criminal records should not be used to keep people out of college[44]
SNAP
In the mid-1990s, Congress and President Bill Clinton[45] endorsed a move by states to stop providing Supplemental Nutrition Assistance Program[46] benefits to anyone with drug-related felony convictions[47].
The SNAP restrictions in place today vary and number over 100 nationwide[48], including seven imposed by the federal government.
South Carolina[49] imposes a lifetime ban on SNAP benefits due to drug-related felony convictions. Michigan[50] and four other states permanently deny anyone with two or more felony drug convictions SNAP benefits.
Many states have eased these restrictions[51] in recent years. But Pennsylvania Gov. Tom Wolf[52] recently signed a bill banning those with felony drug convictions and some convicted as sex offenders from receiving public benefits for 10 years.
Housing
At least 1,000 of these restrictions[53] relate to housing.
Many private landlords and public housing authorities discriminate against the formerly incarcerated[54], often citing perceived safety risks[55] as a concern.
In some cities, the police can order landlords[56] to evict tenants, simply because they suspect criminal behavior. In Cuyahoga County, Ohio, 80% of Section 8 rental properties[57] can ban applicants with felony convictions.
In Pennsylvania, Georgia, South Carolina, North Carolina, Maine and California, housing authorities view being arrested within the past five years[58] as criminal activity and the basis for barring access – even if the resident has never been convicted of a crime.
Signs of change
I see some reasons to expect the number of these collateral consequences to decline, beginning with housing policies.
Local efforts to pass laws[59] protecting those with criminal records from housing discrimination are advancing in at least 11 cities[60]. A related bill is pending in Congress[61], and the Department of Housing and Urban Development[62] has informed landlords that rejecting renters or buyers based on past arrests or convictions may violate the Fair Housing Act[63].
And a recent pilot program[64] in New York and three other cities[65] supports allowing those with felony convictions to reunite with their families in public housing.
Change could be on the way more broadly as well.
By a 6-1 majority, the U.S. Commission on Civil Rights[66], a bipartisan panel reporting to Congress, endorsed a report in 2019 that questioned the usefulness of these restrictions. The report calls for an end to all “punitive mandatory consequences that do not serve public safety, bear no rational relationship to the offense committed, and impede people convicted of crimes from safely reentering and becoming contributing members of society.”
[Like what you’ve read? Want more? Sign up for The Conversation’s daily newsletter[67].]
References
- ^ 77 million (www.brennancenter.org)
- ^ 7 million currently in prison or jail or on probation or parole (www.bjs.gov)
- ^ leave prison (www.justice.gov)
- ^ nearly 200,000 churn through jails (www.nytimes.com)
- ^ 64,000 inmates and workers have become infected with the coronavirus so far (www.nytimes.com)
- ^ incarcerated people are being released ahead of schedule (www.reuters.com)
- ^ COVID-19 hotspots (www.nytimes.com)
- ^ Kentucky (www.vera.org)
- ^ those newly released from prison and jail are no doubt having a hard time (thehill.com)
- ^ health care (www.prisonerhealth.org)
- ^ housing (www.ncbi.nlm.nih.gov)
- ^ jobs (www.russellsage.org)
- ^ I’ve learned (scholars.org)
- ^ researching criminal justice reform (scholar.google.com)
- ^ more than 44,000 (niccc.csgjusticecenter.org)
- ^ Council of State Governments (www.csg.org)
- ^ collateral consequences (www.sentencingproject.org)
- ^ 1,000 federal-level statutes (niccc.csgjusticecenter.org)
- ^ don’t have to inform defendants (ccresourcecenter.org)
- ^ families (www.franknews.us)
- ^ communities (ajph.aphapublications.org)
- ^ incarceration (www.nytimes.com)
- ^ disproportionately affect people of color and those with low incomes (belonging.berkeley.edu)
- ^ jury duty service (niccc.csgjusticecenter.org)
- ^ hold public office (niccc.csgjusticecenter.org)
- ^ driver’s licenses (niccc.csgjusticecenter.org)
- ^ passports (niccc.csgjusticecenter.org)
- ^ serve in the military (niccc.csgjusticecenter.org)
- ^ Veterans (niccc.csgjusticecenter.org)
- ^ from 319 in Vermont (niccc.csgjusticecenter.org)
- ^ 2,388 in Louisiana (niccc.csgjusticecenter.org)
- ^ prevent millions with felony convictions (www.nbcnews.com)
- ^ 6 million Americans lacked the right to vote (blogs.lse.ac.uk)
- ^ 19,000 (niccc.csgjusticecenter.org)
- ^ employment and volunteering (doi.org)
- ^ 13,000 (niccc.csgjusticecenter.org)
- ^ occupational licensing and certification (ij.org)
- ^ 1 in 4 U.S. workers need mandatory occupational licenses (www.bls.gov)
- ^ making hiring decisions (www.eeoc.gov)
- ^ discriminatory practices (www.criminalconvictiondiscrimination.com)
- ^ remain widespread (irle.berkeley.edu)
- ^ during incarceration (theconversation.com)
- ^ afterward (www.prisonpolicy.org)
- ^ I went from prison to professor – here's why criminal records should not be used to keep people out of college (theconversation.com)
- ^ Congress and President Bill Clinton (www.history.com)
- ^ Supplemental Nutrition Assistance Program (theconversation.com)
- ^ drug-related felony convictions (thehill.com)
- ^ 100 nationwide (niccc.csgjusticecenter.org)
- ^ South Carolina (www.ncsl.org)
- ^ Michigan (www.freep.com)
- ^ eased these restrictions (www.networkforphl.org)
- ^ Pennsylvania Gov. Tom Wolf (www.governing.com)
- ^ 1,000 of these restrictions (niccc.csgjusticecenter.org)
- ^ public housing authorities discriminate against the formerly incarcerated (www.nytimes.com)
- ^ citing perceived safety risks (doi.org)
- ^ police can order landlords (www.theatlantic.com)
- ^ 80% of Section 8 rental properties (www.neoch.org)
- ^ housing authorities view being arrested within the past five years (www.povertylaw.org)
- ^ Local efforts to pass laws (www.curbed.com)
- ^ 11 cities (www.nhlp.org)
- ^ pending in Congress (nlihc.org)
- ^ Department of Housing and Urban Development (www.hud.gov)
- ^ Fair Housing Act (www.hud.gov)
- ^ pilot program (www1.nyc.gov)
- ^ New York and three other cities (www.vera.org)
- ^ U.S. Commission on Civil Rights (www.usccr.gov)
- ^ Sign up for The Conversation’s daily newsletter (theconversation.com)
Authors: Cynthia Golembeski, Robert Wood Johnson Foundation Health Policy Research Scholar; School of Law/School of Public Affairs and Administration J.D./Ph.D. Student, Rutgers University Newark
