COLLATERAL CONSEQUENCES OF CRIMINAL CONVICTIONS OTHER MATTERS TO

COLLATERAL CONSEQUENCES OF CRIMINAL CONVICTIONS & OTHER MATTERS TO CONSIDER IN CONNECTION WITH CONVICTION & SENTENCE

CIVIL & OTHER CONSEQUENCES MMay be more harmful than criminal consequences MDefendants & Attorneys need to know to make informed decisions & to properly advise clients & to effectively negotiate plea offers. MUse the civil impact as a factor for reduced pleas.

CRIMINAL RECORD BARRIERS Civic Rights Ä Employment & Licensing Ä Public Benefits Ä Student Loans Ä Housing Ä Drivers Licenses Ä Family Law/Rights Termination & Child Support Ä Right to Possess Firearm Ä Immigration Ä Fees & Fines Ä

CIVIC RIGHTS n Right to Vote – Governed by State Law & in MI Voting barred when serving custodial sentence n Right restored upon release or if no custodial sentence n n Jury Service – Under Federal & MI Law n Any conviction punishable by 1 year of more bars from jury service. 28 U. S. C. § 865(b)(5); MCL §§ 600. 1307 a(1)(e) & 600. 1307(4). n Right restored only by Pardon

MILITARY SERVICE & BENEFITS L Felons ineligible to enlist in service. J Secretary of the Branch may make “meritorious case” exceptions. 10 U. S. C. § 504. L After 60 days in custody on any conviction- felony/misdemeanor no military pension, but may be paid to spouse/kids. 38 U. S. C. § 1505(a) & (b).

PUBLIC OFFICE n Federal Law – n n Only certain offenses bar holding public office by Federal Statute; i. e. no office for treason; bribing/accepting bribe - sentencing judge can order disqualified from federal office. 18 U. S. C. § 201. MI Law – n Felony Offense = removal from office. MCL § 201. 3(5). n Bribery/accepting bribe forever barred from office. Other offenses have time limit before can be eligible for re-election. n Judge convicted of felony-guilty of misconduct & subject to possible removal.

FEDERAL OCCUPATIONAL RESTRICTIONS & LICENSING n Even if felony conviction not an absolute bar to license-but relevant in reviewing application-sign of licensee’s character. 21 U. S. C. § 823. n Some statutes bar licenses with convictions, like drug offenses, which result in loss of license to distribute/prescribe medication & the regulatory agency determines how long. n Fraud & other lack of honesty convictions can also bar from participation in federal contracts & programs (HUD; DOD). n Aviation occupations bar wide range of felons for 10 years. n Some convictions can bar from federal programs or contracts, i. e. , fraud & other lack of honesty convictions can bar from participation (HUD; DOD).

MORE ON OCCUPATIONAL RESTRICTIONS & LICENSING n Federal Statutes & Sentencing Guidelines allow Court to impose occupational restrictions as condition of probation/supervised release when reasonably direct relationship exists between offense & occupational conditions reasonably necessary to protect public. 18 U. S. C. §§ 3563(b)(6) & 3583(d); U. S. S. G. § 5 F 1. 5(a).

MICHIGAN OCCUPATIONAL RESTRICTIONS & LICENSING n Michigan law - licensing board/agency cannot use conviction alone as proof of lack of good character - but is evidence in determination. MCL § 338. 42. n Several Licenses may be denied, suspended or revoked upon conviction for certain types of crimes:

Licenses Subject to Jeopardy Accounting n Security Guard, Private Detective n Law Enforcement n Firefighters n Health Care, Long Term Care n Schools/School Services n Day Care n

CRIMES/OFFENSES Ä Security Guard/Security Alarm Contractor Ä Felony bars with exception for hired before 3/28/01 Ä Felony or misdemeanor for dishonesty or fraud, impersonating law enforcement or employee of US or MI, 2 or more alcohol related offenses, drug offenses, assault, illegal use, carry or possession of gun within last 5 years regardless of prior employment. MCL §§ 338. 1056, 338. 1067.

Law Enforcement/Firefighters n Felony bars law enforcement employment. MI Admin. Code R 28. 14203. n Firefighters can be refused certification for felony. MCL § 38. 510(2)(D).

Health Care (Doctor/Nurse/Pharmaceutical) Felony/2 year misdemeanor = license suspension. If drug offense cannot be reconsidered for 5 years & cannot work in pharmacy related jobs while under sentence. MCL § 333. 16221; MI Admin. Code R. 338. 1609, 1635(6), 3145. Medicare/Medicaid Fraud or Felony Drug Offense excluded from health care profession for significant time - excluded from federal medicare/medicaid programs & the regulatory agency determines how long. Also, felony drug conviction results in loss of license to distribute/prescribe medication.

Long Term Care n Tiered system sets out specific exclusion periods based on conviction – life ban drug traffick offense; health care fraud; felony or misdemeanor patient abuse - even when finding of abuse, neglect or misappropriation noncriminal finding; n 15 year bar on felony assaults, CSC, weapon use, etc. , n 10 year on all other felonier & n 5 years for several misdemeanor i. e. home invasion, negligent homicide, embezzlement. n

Schools/School Services Sex offense bars; Felony bars unless approval of school board & superintendent. Teachers can loose certifications for a variety of misdemeanors. MCL § 380. 1230, et. seq. ; MI Admin. Code R 390. 1201.

Daycare Dept. Of Human Services - long list of felonies & misdemeanors that disqualify. Listed at MFIA website in Eligibility Manual. Licensed Centers - sex offense bars; other offense can be denied for bad moral character (MI Admin. Code R 400. 1152(1)(a)-(e)). MCL § 722. 115. 3) In-home & Group Day Care similar to Licensed Centers.

Banks, Securities & Commodities Banks-dishonesty, breach of trust or money laundering offenders cannot participate in affairs of an insured depository institution. FDIC can waive 10 years after some convictions become final. 12 U. S. C. §§ 1818(e), (g)(1)(C), 1829. SEC-can limit, suspend, or revoke registration of investment advisor/broker/dealer for certain convictions (felony or misdemeanor) - theft, forgery, perjury, embezzlement, securities violations, counterfeiting, bribery & mail fraud, etc. within 10 years of conviction. 15 U. S. C. §§ 80 b-3(e)(2), (e)(3), (f). Commodities Trading-may refuse license, or suspend, revoke or place restrictions on licenses for certain convictions – fraud, theft, embezzlement, false statements, bribery, gambling, & federal tax offenses. 17 U. S. C. § 12 a(2)(D).

PUBLIC HOUSING Private Landlords - cannot evict for conviction, but can refuse to rent Federal Subsidized Housing (PHA) – termination language in leases “any criminal activity that threatens the health, safety, or right of peaceful enjoyment” for tenants or “any drug-related activity” on or near place, engaged in by tenant, any member of household, or even any guest under the tenant’s control; Evict entire Household not just defendant. Anyone evicted on the drug-related activity ground not eligible for federal housing assistance for 3 years after eviction unless successfully completes a rehab. program. 42 U. S. C. § 13661(a).

PUBLIC HOUSING n Conventional Public Housing & Section 8 Program: Program Mandatory denial & ineligibility for sex offenders & methamphetamine producers. n Presumptive denial & ineligibility for drug activity in past 3 years. n Discretionary for drug crime; crimes threat to other residents. n Here only have discretion to evict wrongdoer not entire family. n

BUSINESS/STUDENT LOANS FEDERAL GRANTS n Includes grants, student loans, small business loans, & licenses. n Does not include welfare, retirement, veterans benefit, Social Security, health, disability, public housing, or other similar benefits.

DRUG TRAFFICKERS x Under 21 U. S. C. § 862(a), benefits excluded for offenses after 9/1/89, as follows: x 1 st offense up to 5 years (discretionary); x x 2 nd offense up to 10 years (discretionary); 3 rd offense permanently (no discretion) GET Court to Recommend Waiver in Judgment. Disqualification may be suspended under § 862(c) with rehabilitation efforts or proof of rehabilitation.

DRUG POSSESSERS x Drug Possessors-under 21 U. S. C. § 862(b) benefits excluded as follows: x 1 st Offense up to 1 year (discretionary); 2 nd/Subseq. Offense up to 5 yrs (discretionary) x x x Again Get Language in Judgment Rules Don’t Apply to Cooperators

PUBLIC BENEFITS Social Security/Food Stamps etc. Ä NO Social Security Income (SSI) benefits while in custody. DUTY TO REPORT incarceration. 20 CFR § § 416. 211, 416. 1325, 416. 708 k. Ä If felony conviction also barred from disability (SSD) benefits. 20 CFR § 404. 468(a).

MORE PUBLIC BENEFITS Ä Feds lifetime ban on certain benefits for drug felony – food stamps, TANF Ä MI opted out – but only 1 of 11 states. Ä Warrant Checks - Fleeing Felons or Probation or Parole Violator – disqualifies from SSI, TANF, Food Stamps, Subsidized Housing.

FAMILY LAW Defendants also face Parental Rights Loss with certain convictions &/or incarceration. Defendants face Child Support Obligations & Mounting Debts Could lead to more criminal convictions & incarceration.

Parental Rights can be terminated based on conviction for certain crimes against the child or murder of parent. MCL § 712 A. 19(a)(2)(b). Murder 1 st & 2 nd, CSC offenses & court finds termination in child best interests. MCL § 712 A. 19 b(3)(n)(i). Offenses with element of force or threat of force, client subject to habitual, & finds termination in best interest. MCL § 712 A. 19 b(3)(n)(ii). All similar other state or federal convictions. MCL § 712 A. 19 b(3)(n)(iii).

Termination for Custodial Sentence Foster care last 15 out of 22 months unless compelling reason not too. MCL § 712 A. 19 a(6). If incarceration will deprive child of normal home life for 2 or more years & no reasonable probability that can provide proper home within 12 mos. MCL § 712 A. 19 b(3)(h).

CHILD SUPPORT

DRIVERS LICENSES Ä Some MI Statutes call for license revocation, suspension or restriction – i. e. , drug crimes. Ä Drug offenses – statute includes suspensions even when no car involved. MCL § 333. 7408 a. ÄFirst Offense (or no priors for 7 years) = 6 months suspension ÄSecond Offense within 7 years = 1 year suspension. ÄMust pay $125 reinstatement fee.

More Statutory Drivers License Consequences Ä Teens convicted of minor in possession alcohol – mandatory suspension even if no car involved. MCL § 436. 1703(5). Ä Failure to pay Child Support can lead to suspension of drivers license, as well as some occupational license. MCL §§ 257 e, 257. 321(c), 24. 292. Need Order rescinding from family court & pay $85 clearance fee.

Secretary of State Action Ä Secretary of State can suspend, revoke, or deny licenses for certain convictions – not limited to the obvious driving offenses Ä Defendants also be subject to separate fines issued by Secretary of State under the Driver Responsibility Program Ä Many clients require court action to get licenses back.

FELONY & OTHER OFFENSES Denial/Revocation Ä Murder/Manslaughter/Negligent Homicide (including Attempts) Ä Flee & Elude 1 st & 2 nd Ä 2 nd Felony involving Use of Auto Ä 2 nd UDAA Ä 2 nd Felonious Driving Ä 2 nd Reckless or Fraudulent Address Change

Offenses Leading to Suspensions or Restrictions Ä1 year suspensions ÄUDAA, Flee & Elude, Felonious Driving, A Felony where Auto Used, Alter or Forge Documents Ä 90 day suspensions ÄLeaving scene of accident, fail to yield to ER responder cause injury, reckless driving, theft of fuel, unlawful use of license, malicious destruction trees/plants over 200

DRIVER RESPONSIBILITY $ Driver must pay fees for 2 years $ Category 1 – 7 or more points on record fee increases with points - start at $100 increase $50 per point $ Category 2 – qualifying convictions & driving offenses ranging from $150 -$1000 $ Fail to pay = SUSPENSION $ And must pay $125 Reinstatement Fee $ Add this to costs of incarceration, costs of supervision/tethers, & court fines & costs.

Category 2 $1000 – Felony where auto, snowmobile or ORV used, OWI, Death or Injury Driving Offenses, CDL Manufacture/Distribute Drugs, Flee & Elude 1 st-4 th, manslaughter, negligent homicide, murder (auto used), UDAA $ $500 – Reckless Driving, DWLS injury or death, Operate impaired or with presence of drugs, Under 21 with BAC, Child endangerment $ $200 - no proof of or no insurance. $ $150 – no operators, DWLS or not valid, license expired $

FEDERAL SEX OFFENDER REGISTRY M Federal Offenders must register in state where reside, employed or in school. 42 U. S. C § 14072(i)(3), (i)(4). MFailure to register or update & traveling interstate or leaving the state is Federal FELONY under 18 U. S. C. § 2250.

MICHIGAN SEX OFFENDER REGISTRY M M Sex offenders (& other specified offenders – kidnapping or prostitution under 18, 2 nd indecent exposure, pandering, etc. ) must register where reside, employed or in school. MCL § 28. 723. Also subject to criminal penalties if fail to comply – offenses vary depending on type of violation and number of priors. MCL § 28. 729.

FIREARMS RIGHTS