Increasing Legal Awareness of Collateral Consequences



As job creation surfaces to the top of the Obama Must-Do list, my thoughts turn to those whose search for gainful employment proves difficult.

Those with a felony conviction.

Some "with a past" have managed to become gainfully employed; others feel the rush of the wind past their face once the door slams shuts....repeatedly.

And those whose conviction is underlined by inclusion in the sex offender registries, the search for a job becomes way too similar to the search for Amelia Earhart.

A friend recently forwarded me an accounting regarding the collateral consequences of accepting a conviction. (I've since misplaced the link, so please feel free to post and I'll insert here afterwards or once I finally locate it among my oh-so-not organized files). A similar discussion can be read here: Increasing Awareness of Collateral Consequences Among Participants of the Criminal Justice System: Is Education Enough? by Florian Miedel, Esq.

The gist of the legal conversation rings clearly home. As stated in the above link, "...“collateral” consequences of convictions can have devastating effects on the lives of those convicted and their loved ones." And just how educated are defense attorneys regarding those collateral consequences as how best to advise their clients when considering any sort of plea?

For the last several years, legal malpractice has never been too far from thoughts. If many were privy to what is now known about the collateral consequences of the registry, I'm certain most would've chosen a fight over a lifetime of secondary consequence. My family was certainly not advised.

Many employers will consider hire of person with a felony. Place that same person on the registry and the consideration flies out the window. Even as the details are discussed, employers find themselves unwilling to take a chance. In this job market--with so many out of work--the Collateral Consequence of Unemployment which shadows those designated as a sex offender finds many a resume tossed in the circular file.

As shouted by Georgians for Reform, "the Majority of those on the Registry did not commit forcible rape of an adult or a child."

I'll confirm that. Many have been convicted for a sex offense, with no physical involvement with anyone--child or otherwise--period.

My thoughts turn to what many have demanded. Revisiting the registry as a whole.

It's need, it's purpose, it's usefulness, it's role in our society as well as the registry's impact on families.

In the interim, many qualified, educated citizens jostle for a job, any job, with a double legal monkey on their back.