Life After Arrest: The Collateral Consequences of Criminalization

November 12, 2022

When an individual is arrested, the consequences seem obvious. But what happens after the fines are paid, the time is served, and the probation ends?

This is where collateral consequences come in.

Collateral consequences are legal, economic, and social restrictions indirectly imposed on individuals with criminal records. These consequences are “collateral” in the sense that they aren’t part of the judgment or sentence in a criminal case.

According to the National Inventory of Collateral Consequences of Conviction, which is maintained by the Council of State Governments Justice Center, there are currently over 900 possible collateral consequences of criminal charges under federal law.

When nonviolent activities such as consensual adult sex work are criminalized, innocent lives are ruined.

Here are a few examples of some of the most common collateral consequences after arrest.

Employment Issues

Many employers have barriers in place to block the hiring of people with criminal convictions, making it difficult for them to find jobs after they’ve been released from their sentences. Without the ability to work, criminalized individuals find it difficult to reintegrate to society both for financial and social reasons. It hinders their opportunity to make a living and attain self sufficiency.

A 2009 study found that applicants with a criminal record are 50% less likely to receive a callback or job offer than applicants without a criminal record.

Housing Eligibility

Due to lack of employment opportunities for formerly incarcerated individuals, many find themselves returning to low-income communities. The National Low Income Housing Coalition estimates that only 35 affordable rental units exist for every 100 “extremely-low income” households.

In addition, federal laws prohibit certain criminalized individuals from living in public or subsidized housing, and private housing providers often implement policies that restrict individuals with arrests or criminal convictions.

These circumstances push many criminalized individuals directly into homelessness.

Public Benefits

As previously established, individuals reentering society after incarceration often lack the support they need to be self-sufficient. Facing barriers in finding employment and housing means they may need temporary assistance until they can secure a job to meet their basic financial needs. They may require access to resources such as SNAP, TANF, rehabilitation, mental health counseling, disability assistance, and more.

However, many current laws prohibit states from providing public assistance to certain criminalized individuals.

Voting Rights

Here in the United States, we value our right to participate in a democratic society. Yet, many states restrict the voting rights of people with criminal records through a practice known as felony disenfranchisement.

In October 2020, it was estimated that 5.1 million citizens were denied the right to vote due to their criminal status. That’s 1 in 44 citizens.

This map shows up-to-date data concerning felony disenfranchisement state by state.

Disruption of Family Dynamics

The collateral effects of incarceration aren’t limited to individuals who have been arrested. 52% of individuals incarcerated in state and 63% of individuals incarcerated in federal systems are parents of minor children. This means that thousands of American children face the collateral consequences of criminalization daily. This includes their parents’ lack of access to stable income, education, job training, and housing. Incarceration also places significant strain on the health of parent/child relationships, often leaving young children traumatized and unstable.

Many sex workers are parents, and like the rest of us, they rely on their work to provide for their children. In fact, studies show that sex worker parents are extremely dedicated to their children. Criminalizing sex work punishes these parents and children for their existence.

Immigration Issues

Non-citizens of the United States, documented or not, face their own unique consequences when it comes to criminalization. In addition to everything listed above, immigrants face the threat of deportation upon arrest.

These consequences are faced daily by sex workers nationwide due to the criminalization of consensual adult sex work. To learn more about why we should decriminalize sex work, read this.

DSW Newsletter #42 (November 2022)

DSW Attends APHA 2022 Annual Meeting & Expo

November 6, 2022 DSW Legal Director Melissa Broudo, Staff Attorney Rebecca Cleary, and Volunteer Attorney Allison Kolins attended the American Public Health Association’s (APHA’s) annual meeting and expo in Boston early this November. According to their mission...
Read More
DSW Attends APHA 2022 Annual Meeting & Expo

DSW Collaborates With Allies To Advocate for Decriminalization

November 15-16, 2022 Decriminalize Sex Work (DSW) is proud to regularly partner with Equality New York (EQNY),a statewide advocacy organization working to advance equality and justice for LGBTQI New Yorkers and their families and to promote the...
Read More
DSW Collaborates With Allies To Advocate for Decriminalization

Why Decriminalization Is Good for Public Health

November 1, 2022 Laws governing commercial sex have been significantly researched for their impact on public health and safety. Conclusive data on violence, exploitation, and sexual health from around the world supports the following conclusions: 1. Full...
Read More
Why Decriminalization Is Good for Public Health

Remembering Carol Leigh

November 17, 2022 Carol Leigh was a force for good in this world — joyful, kind, welcoming, compassionate, caring, brilliant, and loving. Her memory and her legacy will remain an eternal force for good. For those who knew...
Read More
Remembering Carol Leigh

Life After Arrest: The Collateral Consequences of Criminalization

November 12, 2022 When an individual is arrested, the consequences seem obvious. But what happens after the fines are paid, the time is served, and the probation ends? This is where collateral consequences come in. Collateral consequences...
Read More
Life After Arrest: The Collateral Consequences of Criminalization

Support DSW This GivingTuesday

November 25, 2022 Decriminalize Sex Work relies on donations from supporters like you in order to sustain our mission of decriminalizing consensual adult sex work. If you’re unable to donate, consider supporting us this GivingTuesday (November 29)...
Read More
Support DSW This GivingTuesday

DSW Newsletter Archive