Prisoner Re Entry - Collateral Consequences of Criminal Convictions

Individuals convicted of crimes in New Jersey are subject to a range of criminal sanctions, from probation and fines to incarceration and parole supervision. What is less understood are the civil penalties that are also imposed as the result of criminal convictions, penalties that restrict future employment, civil rights, immigration status, housing, education, voting, parental rights, public benefits, the ability to pay child support arrears and even keep a driver’s license.

• Employment:
  There are about 22 categories of jobs for which certain criminal convictions serve as an absolute bar to employment, mostly under state law, some under federal law. With a couple of exceptions, these are lifetime prohibitions. These jobs include: public employment or office, aircraft/airport employees, armed car crew, bartender, housing guard, paid firefighter, liquor retail, municipal police officer, school crossing guard, waiters where liquor is served, racetrack employee, bank employee, firearms purchaser, Housing Authority Police, Municipal parking enforcement, NJ Turnpike Authority employee, private detective, public school employee, public school bus drivers, nurse’s aide, and real estate sales agent.
• Education:
  Public and private colleges have wide discretion to admit or deny admission based on criminal convictions. Likewise, financial aid is restricted, particularly federal aid for those with drug convictions.
• Housing:
  Certain convictions mean you can never live in private or public housing, due to a number of state and federal laws particularly related to drug offenses.
• Public Assistance:
  The federal welfare reform law of 1996 allows states to enact a lifetime ban on cash assistance and food stamps for those convicted of drug-related offenses. New Jersey has put a modified ban in place allowing those with drug convictions some benefits under certain circumstances.
• License Suspension:
  Driver’s license suspension is an overlooked barrier to meaningful employment and economic advancement. Licenses are sometimes suspended for failure to pay child support, but without transportation to a job site, the individual remains unemployed and the child support obligation left unpaid.
• Child Support:
  Paying child support while incarcerated is almost impossible and very few prisoners are aware that they can request that the support order be suspended pending their release. Child support debt ("arrears") leave people with enormous debt and can result in additional sanctions like driver’s license suspension, salary garnishment, negative credit rating, asset seizure and re-arrest for failure to pay child support. Research indicates that incarcerated parents owe on average more than $20,000 when they are released from prison.
• Parental Rights:
  Certain criminal convictions require the Division of Youth and Family Services (DYFS) to initiate proceedings to terminate parental rights. DYFS is not required to make reasonable efforts to prevent placement or reunify families prior to petitioning to terminate parental rights under certain circumstances. Incarceration often puts parents at greater risk of parental rights’ termination.
• Voting and Jury Services:
  Voting and jury services are responsibilities and privileges of citizenship. Both are restricted as a result of criminal convictions in New Jersey. Not only are individuals with criminal records disenfranchised, but communities with high incarceration rates additionally suffer from reduced voting strength.

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