"...This report provides an overview of the relevant data and arguments for and against the
imposition of collateral consequences on people with criminal records. Each year, federal and
state prisons release more than 620,000 people to return to their communities. While these
individuals have often completely exited criminal supervision (for example, through a prison
sentence or probation), individuals with criminal records still face potentially thousands of
collateral consequences upon reentering society. These collateral consequences are sanctions,
restrictions, or disqualifications that attach to a person because of the person’s criminal history.
For example, individuals with criminal histories can face barriers to voting, jury service, holding
public office, securing employment, obtaining housing, receiving public assistance, owning a
firearm, getting a driver’s license, qualifying for financial aid and college admission, qualifying
for military service, and maintaining legal status as an immigrant. The reach of each collateral
consequence extends past people with criminal records to affect families and communities.
The Commission majority (six Commissioners in favor, one Commissioner in opposition)
approved key findings including the following: Collateral consequences exacerbate punishment
beyond the criminal conviction after an individual completes the court-imposed sentence. Valid
public safety bases support some collateral consequences, such as limitations on working with
children for people convicted of particular dangerous crimes. Many collateral consequences,
however, are unrelated either to the underlying crime for which a person has been convicted or to
a public safety purpose. When the collateral consequences are unrelated in this way, their
imposition generally negatively affects public safety and the public good..."
Collateral consequences
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