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Collateral Consequences of Criminal Conviction
Criminal convictions may result in numerous penalties beyond the imprisonment or fine imposed after trial. Commonly referred to as the “collateral consequences” of a conviction, these often hidden and misunderstood penalties exist in two forms: collateral sanctions and collateral disqualifications. Collateral sanctions are automatic changes in one's rights in connection with a conviction. Collateral disqualifications are penalties and disabilities that are imposed through the exercise of discretion by some governmental authority. The discretionary nature of some of the consequences and the variety of entities that may impose them create difficulties for lawyers attempting to inform their clients and often leave defendants either uninformed or ill-advised about all possible penalties as they enter into plea negotiations or sentencing.
A 2010 Supreme Court decision, Padilla v. Kentucky, expands a lawyer's duty to counsel a client about certain collateral consequences at the time of a plea. The case highlights the pervasiveness of collateral consequences and the importance of advising a client of all penalties that may result from a guilty verdict or plea. Meanwhile, a newly proposed Uniform State Law offers a potential solution to the bewildering problem of collateral consequences faced by criminal defendants and their lawyers.
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