Collateral Consequences of Conviction

Jun 4, 2015 | Uncategorized

“Once society has exacted its price from an individual, there is a strong case to be made that society should not only permit, but should encourage, that person to make a positive contribution to society.” Second Chances in the Criminal Justice System: Alternatives to Incarceration- Project of the American Bar Association Commission on Effective Criminal Sanctions Page 81.

Once someone is convicted of a crime, and even after they have served their sentence the consequences of the conviction can follow that person.  These consequences range from being unable to immigrate to the United States, being unable to apply for public housing, or even finding a job. Finding a job with a criminal record can be difficult.  Whenever someone is offered a plea deal, the long term consequences must be weighed against the short term deal.  Always consult with an attorney before accepting any deal. There may also so be alternative sentencing arrangements available such as Drug Courts that may offer Pre Trial Intervention Programs (PTI). New Jersey’s PTI program when successfully completed can avoid a record of conviction.

Once a person is convicted there are different options to find relief.  Post Conviction Relief is different in every state.  Since every state handles post conviction relief differently, and the ability to obtain relief depends on many factors make sure to consult an attorney that is familiar with your states laws for both Pre Trial Intervention and Post Conviction Relief. For instance Expungement is available in some states but not in others.  Expungement is a proceeding in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories.

At Patel & Soltis we have a New Jersey Expungement lawyer that can explain the procedure to you, and determine if you qualify for this procedure.  How ever do no expect to find a New York Expungement lawyer on our staff as Expungement is not offered. New York seals records instead.

Expungement is a process where the record is destroyed where as a sealed record can still be viewed by law enforcement, child care agencies, hospitals, schools and several other types of employers, the record is not viewable by the public.  For more information contact us, or read

In the June ABA Journal article “Bipartisan efforts seek to reform sentencing and post-conviction policies,” the ABA President William Hubbard discusses the reform needed for sentencing reform and post conviction relief policies.

If you are looking for Pre Trial Intervention or Post Conviction relief outside the states of New Jersey or New York, we recommend contacting:

In Virginia: Geno Law
In California: Law Offices of Brian S. Mandel 

The Law Offices of Patel & Cardenas

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