Project Description
The National Inventory of Collateral Consequences of Conviction is supported by a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. This project was initially supported by Award No.2009-IJ-CX-0102, awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice, and the ABA Criminal Justice Section. The information about collateral consequences accessible through this website is solely for educational and informational purposes and does not constitute legal advice.
Some collateral consequences serve a legitimate public safety or regulatory function, such as keeping firearms out of the hands of people convicted of domestic violence offenses, prohibiting people convicted of abuse from working with children or the elderly or barring people convicted of fraud from positions of public trust. Others are directly related to the particular crime, such as registration requirements for sex offenders, driver’s license restrictions for people convicted of serious traffic offenses, or the debarment of people convicted of fraud. But many collateral consequences apply to people convicted of any crime, without regard to any relationship between the crime and opportunity being restricted, and frequently without consideration of how long ago the crime occurred or the person’s rehabilitation efforts since. Collateral consequences with overbroad restrictions offer no chance to overcome the restriction function, as additional punishment may discourage rehabilitation and ultimately increase recidivism.
Collateral consequences are scattered throughout the codebooks and are frequently unknown even to those responsible for their administration and enforcement. They have been promulgated with little coordination in disparate sections of state and federal codes, making it difficult for anyone to identify all the penalties and disabilities that may be triggered by a criminal record for a particular offense.
While collateral consequences have been a familiar feature of the American justice system since colonial times, they have become more pervasive and more problematic in the past 20 years for three reasons: they are more numerous and impactful, they affect more people, and they are harder to avoid or mitigate. As a result, millions of Americans are consigned to a permanent legal limbo because of a crime they committed in the past.
In recognition of the ever-growing increase in collateral consequences and the number of people affected, the Court Security Improvement Act of 2007 (Pub. L. 110-177 § 510, 121 Stat. 2534, 2544) directed the National Institute of Justice to collect and analyze the collateral consequences for each U.S. jurisdiction. In 2012, the ABA Criminal Justice Section began working to identify and publicize all collateral consequences on the National Inventory of Collateral Consequences of Conviction, a publicly searchable website. In 2017, the CSG Justice Center took administration of the site and continued the process of updating to identify statutory and regulatory changes.
The information available on the National Inventory of Collateral Consequences of Conviction does not constitute legal advice and does not include judicial interpretations of statutory and regulatory language.
Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse this website (including, without limitation, its content, technical infrastructure, policies, and any services or tools provided). The opinions, findings, and conclusions or recommendations expressed in this publication/program/ exhibition are those of the author(s). They do not necessarily reflect the Department of Justice or the American Bar Association. NIJ defines publications as any planned, written, visual or sound material substantively based on the project, formally prepared by the award recipient for dissemination to the public.
The collateral consequences of a criminal conviction—legal sanctions and restrictions imposed upon people because of their criminal record—are hard to find and understand. Now it will be easier to do both. Congress directed the National Institute of Justice to collect and study collateral consequences in all U.S. jurisdictions. NIJ selected the ABA Criminal Justice Section for the necessary research and analysis. The results are now being made available through this interactive tool.
Documents and Forms
As a citizen of the US, you frequently need to create documents like power of attorney, bills of sale, lease agreements, separation contracts, and more, all of which can be completed without legal representation. You may also need to prepare your own personal legal documents, such as a name change or a living will). Using our website with all Utah forms, you can draft these documents with little assistance, saving you time and money.
Property Ownership and Transfer
The Utah deed is essential for documenting the ownership transfer of property. It includes various types, such as warranty deeds that guarantee clear title and the Utah quit claim deed, which transfers ownership interest without any warranty against liens or other encumbrances.
The transfer on death deed in Utah enables property owners to designate a beneficiary who will receive their property automatically upon the owner's demise, bypassing the complex probate process.
Vehicle Sales and Documentation
The Utah vehicle bill of sale is a necessary document for the legal sale and purchase of a vehicle. It captures details like the make, model, and sale price required for vehicle registration and title transfer in Utah.
For trailer transactions, the Utah trailer bill of sale records the specifics of the sale, including the trailer type and identification number, which is crucial for legal documentation and registration with state authorities.
Lease Agreements and Evictions
The lease agreement in Utah outlines the terms under which one party agrees to rent property from another. It details the lease duration, rent amount, and obligations of both the landlord and tenant, providing a legal framework for the rental relationship.
An eviction notice in Utah informs tenants of lease violations and the need to remedy or vacate the property. This document is a legal prerequisite for initiating eviction proceedings if the tenant fails to comply.
Estate Planning
The last will and testament in Utah is a document for anyone looking to clearly outline how their assets should be distributed after their death. This legal document specifies who will inherit the assets, appoints an executor to manage the estate, and can also include provisions for the care of minor children, ensuring that all personal wishes are honored and legally enforced.
Legal Forms and Powers of Attorney
The release of liability form in Utah absolves a party from responsibility for any injuries or damages that may occur during an event or activity. It is a critical document for activities that involve physical risk.
The durable power of attorney in Utah authorizes a designated person to manage the principal's affairs, including financial and legal decisions. It remains effective even if the principal becomes incapacitated, ensuring continuous management of their affairs.
The motor vehicle power of attorney in Utah grants specific authorization to another person to handle matters related to the principal's vehicle, such as registration or sale, providing convenience and legal authority to act on the principal’s behalf.
Healthcare Directives
The Utah medical power of attorney enables individuals to designate a trusted person to make healthcare decisions on their behalf if they cannot do so themselves. This ensures that medical care aligns with the patient's wishes.
A living will form in Utah documents an individual's preferences for medical treatment in situations where they cannot communicate their decisions. This form guides healthcare providers and loved ones in making informed decisions about the individual's end-of-life care.
Bibliography/Resources
Inventories and Studies of Collateral Consequences
After Prison: Roadblocks to Reentry, A Report on State Legal Barriers Facing People with Criminal Convictions, LEGAL ACTION CENTER (2004), available at http://www.lac.org/roadblocks-to-reentry/upload/lacreport/LAC_PrintReport.pdf.
Internal Exile: Collateral Consequences of Conviction in Federal Laws and Regulations, AM. BAR ASS’N COMMISSION ON EFFECTIVE CRIMINAL SANCTIONS (Jan. 2009), available at http://www.americanbar.org/content/dam/aba/migrated/cecs/internalexile.authcheckdam.pdf.
Margaret Colgate Love, Jenny Roberts & Cecelia M. Klingele, Collateral Consequences of a Criminal Conviction: Law, Policy, and Practice (NACDL/West 2012).
Restoration of Rights Project, NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS (2012), available at http://www.nacdl.org/ResourceCenter.aspx?id=25412&libID=25381.
Think Before You Plead: Juvenile Collateral Consequences in the United States, AM. BAR ASS’N CRIMINAL JUSTICE SECTION, available at http://www.beforeyouplead.com.
Alaska: Deborah Periman, The Hidden Impact of a Criminal Conviction: A Brief Overview of Collateral Consequences in Alaska (2007), available at http://justice.uaa.alaska.edu/workingpapers/wp06.collateral.pdf.
Arizona: Kate Adamson et al., Collateral Consequences of Criminal Conviction in Arizona, LAW, CRIMINAL JUSTICE AND SECURITY PROGRAM, UNIVERSITY OF ARIZONA (2005), available at www.reentry.net/public2/library/attachment.139610.
Colorado: Mark D. Evans, The Consequences of Conviction – Sanctions Beyond the Sentence Under Colorado Law (2011), available at http://www.reentry.net/library/item.411676-The_Consequences_of_Conviction_Sanctions_Beyond_the_Sentence_Under_Colorad.
District of Columbia: COMMUNITY RE-ENTRY PROGRAM, PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF COLUMBIA, Collateral Consequences of Criminal Convictions in the District of Columbia: A Guide for Criminal Defense Lawyers, (2010), available at http://www.reentry.net/library/item.121665-Collateral_Consequences_of_Criminal_Convictions_in_the_District_of_Columbia.
Kentucky: Sara M. Caudill and Ashley England-Huff, Collateral Consequences of Felony Convictions Established in the Kentucky Administrative Regulations, 35 N. KY. L. REV. 453 (2008), available at http://chaselaw.nku.edu/documents/law_review/v35/nklr_v35n4_pp543-606.pdf.
Kentucky: Troy B. Daniels, Dawn L. Danley-Nichols, Kate R. Morgan and Bryce C. Roades, Kentucky’s Statutory Collateral Consequences from Felony Convictions: A Practitioner’s Guide, 35 N. KY. L. REV. 413 (2008), available at http://chaselaw.nku.edu/content/dam/chaselaw/docs/academics/lawreview/v35/nklr_v35n4.pdf.
Maryland: REENTRY OF EX-OFFENDERS CLINIC, UNIVERSITY OF MARYLAND SCHOOL OF LAW Collateral Consequences of Criminal Convictions in Maryland (2007), available at http://www.sentencingproject.org/doc/publications/cc_report2007.pdf.
Michigan: Michigan Poverty Law Program Reentry Law Wiki: http://reentry.mplp.org/reentry/index.php/Main_Page.
Michigan: Collateral Consequences of a Criminal Conviction (Tracey W. Brame Ed., ICLE 2012), available at https://www.icle.org/Modules/Store/Books/book.aspx?Product_CODE=2012552043.
New York: NEW YORK STATE BAR ASS’N, SPECIAL COMMITTEE ON COLLATERAL CONSEQUENCES OF CRIMINAL PROCEEDINGS, Re-entry, and Reintegration: The Road to Public Safety (2006), available at http://www.nysba.org/AM/Template.cfm?Section=Substantive_Reports&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=11415.
North Carolina: University of North Carolina Collateral Consequences Assessment Tool (C- CAT) Database: http://ccat.sog.unc.edu/.
Ohio: Civil Impacts of Criminal Convictions under Ohio Law (CIVICC) Database: http://opd.ohio.gov/CIVICC/.
Pennsylvania: DEFENDER ASS’N OF PHILADELPHIA COLLATERAL CONSEQUENCES PROJECT, Collateral Consequences for Pennsylvania Adult Defendants by Criminal Statute (2011), available at http://attorneycapone.com/ResearchandTrainingMaterials/ TrainingMaterials/PA%20Adult%20Collateral%20Consquences%20Index_10.13.11.pdf.
Washington: Beyond the Conviction, WASHINGTON DEFENDER ASS’N (2012), available at http://www.defensenet.org/resources/publications-1/beyond-the-conviction/Beyond the Conviction -Updated - 2007.pdf.
Standards, Policies, and Model Legislation
ABA Standards for Criminal Justice: Collateral Sanctions and Discretionary Disqualification of Convicted Persons, AM. BAR ASS’N (June 2004), available at http://www.americanbar.org/content/dam/aba/publishing/ criminal_justice_section_newsletter/crimjust_standards_collateralsanctionwithcommentary.authcheckdam.pdf.
Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, EEOC Enforcement Guidance No. 915.002 (Apr. 25, 2012), available at http://www.eeoc.gov/laws/guidance/upload/arrest_conviction.pdf.
Model Penal Code: Sentencing, Discussion Draft No. 4, American Law Institute (April 16, 2012).
Uniform Collateral Consequences of Conviction Act, NAT’L CONFERENCE OF COMM’RS OF UNIF. STATE LAWS (2010), available at http://www.uniformlaws.org/shared/docs/collateral_consequences/uccca_final_10.pdf.
Reports and Law Review Articles
AM. BAR ASS’N, COMM’N ON EFFECTIVE CRIM. SANCTIONS, Second Chances in the Criminal Justice System: Alternatives to Incarceration and Reentry Strategies (2008), available at http://www.pardonlaw.com/materials/rev_2ndchance(3).pdf.
Miriam J. Aukerman, The Somewhat Suspect Class: Towards a Constitutional Framework for Evaluating Occupational Restrictions Affecting People with Criminal Records, 7 J.L. Soc'y 18 (2005), available at http://www.reentry.net/search/attachment.152024.
Gabriel J. Chin, The New Civil Death: Rethinking Punishment in the Era of Mass Conviction, 160 U. PA. L. REV. 1789 (2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2072736.
Gabriel J. Chin, Making Padilla Practical: Defense Counsel and Collateral Consequences at Guilty Plea, 54 HOW. L.J. 675 (2011), available at http://www.law.howard.edu/dictator/media/229/how_54_3.pdf.
James B. Jacobs, Mass Incarceration and the Proliferation of Criminal Records, 3 ST. THOMAS L. REV. 387 (2006), available at http://ir.stthomas.edu/ustlj/vol3/iss3/2/.
James B. Jacobs & Tama Crepet, The Expanding Scope, Use and Availability of Criminal Records, 11 N.Y.U. J. LEGIS. & PUB. POLICY 177 (2008), available at http://www.law.nyu.edu/journals/legislation/issues/volume11number2/index.htm.
Robert M. A. Johnson, Collateral Consequences, Message from the President of the National District Attorney’s Ass’n, May-June 2001, available at http://www.ndaa.org/ndaa/about/president_message_may_june_2001.html.
Margaret Colgate Love, Paying their Debt to Society: Forgiveness, Redemption, and the Uniform Collateral Consequences of Conviction Act, 54 HOW. L.J. 753 (2011), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1802180.
Margaret Colgate Love, Collateral Consequences After Padilla v. Kentucky: From Punishment to Regulation, 31 ST. LOUIS U. PUB. L. REV. 87 (2011), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1883809.
Margaret Colgate Love, Starting Over With a Clean Slate: In Praise of a Forgotten Section of the Model Penal Code, 30 FORDHAM URB. L.J. 1705 (2003), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1570209.
Christine Neylon O’Brien & Jonathan J. Darrow, Adverse Employment Consequences Triggered by Criminal Conviction: Recent Cases Interpret State Statutes Prohibiting Discrimination, 42 WAKE FOREST L. REV. 991 (2007), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1804260.
Michael Pinard, Collateral Consequences of Criminal Convictions: Confronting Issues of Race and Dignity, 85 N.Y.U. L. REV. 457 (2010), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1435320.
Michael Pinard, An Integrated Perspective on the Collateral Consequences of Criminal Convictions and Reentry Issues Faced by Formerly Incarcerated Individuals, 86 BOSTON U. L. REV. 623 (2006), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=928481.
Joy Radice, Administering Justice: Removing Statutory Barriers to Reentry, 83 U. COLO. L. REV. 715 (2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1864917.
Jenny Roberts, Why Misdemeanors Matter: Defining Effective Advocacy in the Lower Criminal Courts, 45 U.C. DAVIS L. REV. 277 (2011), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1963788.
Jenny Roberts, Ignorance is Effectively Bliss: Collateral Consequences, Silence, and Misinformation in the Guilty Plea Process, 95 IOWA L. REV. 119 (2009), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1407719.
Michelle Natividad Rodriguez & Maurice Emsellem, 65 Million “Need Not Apply”: The Case for Reforming Criminal Background Checks for Employment, NAT’L EMP’T LAW PROJECT (March 2011), available at http://nelp.3cdn.net/e9231d3aee1d058c9e_55im6wopc.pdf.
McGregor Smyth, 'Collateral' No More — The Practical Imperative for Holistic Defense in a Post-Padilla World...Or, How to Achieve Consistently Better Results for Clients, 31 ST. LOUIS U. PUB. L. REV. 139 (2011), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2132851.
McGregor Smyth, Holistic is Not a Bad Word: A Criminal Defense Attorney’s Guide to Using Invisible Punishments as an Advocacy Strategy, 36 U. TOL. L. REV. 479 (2005), available at http://brennan.3cdn.net/3cd3ab51bb9ce5a245_8lm6bhs7c.pdf.