The Hidden Impact of a Criminal Conviction: A Brief Overview of Collateral Consequences in Alaska

Abstract

Collateral consequences, a term used in this paper to refer generally to the effect of any measure that might increase the negative consequences of a criminal conviction, fall roughly into three categories: impaired access to, or enjoyment of, the ordinary rights and benefits associated with citizenship or residency, such as voting or driving; impaired economic opportunity, primarily through reduction of the range of available employment; and increased severity of sanctions in any subsequent criminal proceeding brought against the offender. These indirect but significant consequences of a felony or misdemeanor conviction are receiving increasing attention from policy makers, ethicists, and the bar. Setting aside issues of constitutional or statutory rights, the growing web of civil disabilities triggered by a criminal conviction raises fundamental questions about what makes sense as a matter of public policy. This paper examines policy considerations of collateral consequences and provides a preliminary effort to list all of the provisions of Alaska state law that may diminish in some respect the opportunities available to an individual with a criminal conviction in his or her background.