Note: Restoration of Citizenship Certificates are not the same as Pardons, and may not restore all rights unless the rights are expressly stated (such as right to bear arms). Bell v. U.S., 970 F2d 428 (8th Cir. 1992).
Constitutional Rights:
Right to vote: Felons in all states except Maine and Vermont, lose voting rights for at least some period of time, depending upon the state. In Virginia and Kentucky, felons permanently lose their right to vote. In Iowa, felons lose the right to vote or serve as a pollworker until completion of their sentence and the right to vote is not restored if any other sentence for a felony has not yet been completed. Executive Order Number 42 in 2005, automatically restores the voting rights of individuals convicted of a felony that have competed their sentences. www.governor.iowa.gov/administration/docs/vilsack-eo-42.pdf
Right to bear arms: Felony offense under federal law for a convicted felon to possess a firearm. 18 U.S.C. § 922 (g)(1). Three convictions for violent felonies (includes OWI when actually driving) or serious drug offenses can result in an enhanced federal sentence. Affects hunting and keeping a weapon for protection. The loss of the right to bear arms can affect employment, for example, a police officer, private investigator, security guard, etc. where carrying a gun may be required.
Firearm transfers or permits can be rejected. The Federal Gun Control Act, 18 U.S.C. § 922, prohibits the transfer of a firearm to a person who is under indictment for or has been convicted of a crime punishable by imprisonment for more than one year or is a fugitive from justice; is an unlawful user or is addicted to any controlled substance; has been adjudicated as a mental defective or committed to a mental institution; is an illegal alien or has been admitted to the U.S. under a nonimmigrant visa; was discharged from the U.S. military service under dishonorable conditions; has renounced U.S. citizenship; is subject to a protective order from harassing, threatening an intimate partner or child; convicted in any court of a felony or misdemeanor crime of violence; or for a licensed manufacturer, dealer or collector to transfer a long gun to someone younger than 18 years old or any other type of firearm to a person less than 21 years old.
Hunting licenses can be revoked or suspended for one year for twice convicted within 1 year for trespassing while hunting. For illegally taking an elk, antelope, buffalo, or moose, the license shall be revoked for the next two calendar years. Iowa Code 483A.21 (2009).
Jury Duty: Convicted criminals may be eliminated from jury duty.
Employment: A conviction or guilty plea can seriously affect employment prospects. Two-thirds of employers will not hire a former offender. http://www.sado.org/guides/collateral.pdf. Some employers will fire employees who have committed crimes, especially crimes of dishonesty or crimes of moral turpitude. Convictions can bar government or military service (even causing a military discharge affecting civilian life). Convictions can affect security clearances or occupational licenses such as a child care center license or other state granted occupational licenses. Teaching certificates may be affected (petition to request a license in spite of convictions). Licensing as a securities or insurance agent can be affected.
Both misdemeanors and felonies show up in background checks which employers may conduct prior to employment. Employers can ask about arrests not leading to conviction and can consider these arrests. There are no state standards prohibiting employment discrimination based on a conviction record.
The Violent Crime Control and Law Enforcement Act of 1994 (Title 18 U.S.C. §1033-1034) has far-reaching implications for persons involved in the insurance or reinsurance industry in the U.S., affecting insurers, officers, directors, agents, and any employee of an insurance company. Any person convicted of a crime involving dishonesty, breach of trust or violation of the Act, must receive written consent from an insurance regulatory official to work in the industry and the consent must state that it is granted for the purpose of 18 U.S.C. § 1033.
The Federal Drug Free Workplace Act of 1988 requires certification of federal grantees that it provides a drug-free workplace and can affect hiring of drug users. Conviction can result in sanctions and/or require participation in a drug abuse assistance program.
Due to refusal to issue bonds due to criminal records, many jobs requiring bonds may be restricted.
A felon cannot serve as a pollworker unless his voting rights have been restored.
If a convicted sex offender, then s/he shall not be an employee of a facility providing services for dependent adults or at events where dependent adults participate in programming and shall not loiter on the premises or grounds or at an event providing such services or programming. If the sex offender’s victim was a minor, then additionally s/he may not operate, manage, be employed by, or act as a contractor or volunteer at any children’s arcade, an amusement center having coin or token operated devices for entertainment, or facilities providing programs or services intended primarily for minors, when a minor is present. The offender may not operate, manage, be employed by, or act as a contractor or volunteer at a public or nonpublic elementary or secondary school, child care facility, or public library, or at any place intended primarily for use by minors including but not limited to a playground, children’s play area, recreational or sport-related activity area, swimming or wading pool, or a beach.
Certain employment opportunities are limited by state law among which are:
a. Licensed food establishment license can be suspended or revoked when criminal activity is conducted in the food establishment and the license holder is convicted of a felony. Iowa Admin Code Chapter 481 section 31.11.
b. Licensed home food establishment license revoked when criminal activity is conducted in the food establishment and the license holder is convicted of a felony. Iowa Admin Code Chapter 481 section 34.5
c. Real estate broker or salesperson’s license may be denied or revoked due to crimes of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other similar offense, or any crime involving moral turpitude. Iowa Code 543B.15.
d. Certified Public Accountant may be denied a license or license revoked for conviction of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other similar offense, or of any crime involving moral character or honesty. Iowa Code section 542.5 (2009) or for any felony or dishonesty or fraud in the practice of accountancy. Iowa Code 542.10, 542.5 (2009). Licensed Public Accountant. Iowa Admin Code 193A-4.2.
e. Licenses for plumbing, HVAC, refrigeration, or hydronic professional may be denied, revoked, or suspended if fraud in procuring license…, knowingly making misleading, deceptive, untrue, or fraudulent misrepresentations in the practice of the profession,… conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee’s ability to practice within the profession… Iowa Code 105.18 (2009)
f. Racing and Gaming License may be denied, revoked or suspended for alias used with fraud in last 5 years, felony conviction or conviction for offense involving theft or fraudulent practice in excess of $500 unless rehabilitation exist; serious or aggravated misdemeanor conviction unless rehabilitation exists; multiple convictions of simple misdemeanors unless rehabilitation exists; multiple offenses; …addiction to alcohol or controlled substances, overdue court obligations; owns, operates or has interest in bookmaking or illegal enterprise… Iowa Admin Code section 491-6.5 (2009).
g. Chiropractor license may be denied, revoked, or suspended for habitual intoxication or addiction to use of drugs, conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the ability to practice as a professional chiropractor. Iowa Code section 151.9 (2009).
h. Nursing home administrator’s license may be denied, revoked, or suspended for Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of nursing home administration or engaging in unethical conduct or practice harmful or detrimental to the public; Habitual intoxication or addiction to the use of drugs; Conviction of a felony that is substantially related to the qualifications, functions or duties of a nursing home administrator and evidences unfitness to perform as a nursing home administrator in a manner consistent with protecting the public health, safety and welfare. Iowa Admin Code section 645-141.12. Iowa Code section 155.18.
i. Nursing licenses may be denied, revoked, or suspended for conviction for a felony in the courts of this state or another state, territory, or country if the felony relates to the practice of nursing. Iowa Code section 152.10 (2009).
j. Cemetery, Funeral Merchandise, Funeral Services licenses can be denied, suspended or revoked for violating laws applicable to the business, committing a fraudulent act or practice, conviction of an offense involving dishonesty or a false statement including but not limited to fraud, theft, misappropriation of funds, falsification of documents, deceptive acts or practices, or other related offenses. Iowa Code 523A.503 (2009).
k. License for mortuary science can be denied, revoked or suspended for conviction of any crime related to the practice of mortuary science or implicating the licensee's competence to safely perform mortuary science services, including but not limited to a crime involving moral character, dishonesty, fraud, theft, embezzlement, extortion, or controlled substances. Iowa Code section 156.9 (2009).
l. Funeral Director license denied, revoked or suspended for obtaining, possessing, attempting to obtain or possess, or administering controlled substances without lawful authority; violation of a regulation or law of this state, another state, or the United States, which relates to the practice of mortuary science, including, but not limited to, Iowa Code chapters 272C, 144, 147, 156, 523A, 523I, 566, and 566A. Iowa Admin Code 645-103.3.
m. Educator’s licenses can be denied, revoked, or suspended for convictions of crimes, sexual or other moral misconduct. There is an extensive listing of crimes and behaviors in Iowa Admin Code section 282-25.3 and can be denied per Iowa Code 252C.10 for habitual intoxication or use of drugs, conviction of a felony related to the profession or engaging in unethical conductor practice harmful or detrimental to the public.
n. Foster home licenses can be denied, revoked, or suspended for founded child abuse or a criminal conviction. Iowa Admin Code 441-108.8. Foster parent. Iowa Admin Code 441-113.13.
o. Electrician and Electrical Contractor licenses can be denied, suspended or revoked if the licensee has previously been convicted of a criminal offense involving, but not limited to, fraud, misrepresentation, arson or theft, or if the applicant is currently delinquent in paying employment taxes. Iowa Admin Code 661-502.4
p. License for medicine, surgery and osteopathic medicine can be denied, suspended or revoked for conviction of a felony, violating a law which relates to the practice of medicine. Iowa Code section 148.6 (2009).
q. Optometrist licenses can be denied, suspended or revoked for conviction of a felony related to the practice of optometry. Iowa Admin Code 645-183.1.
r. Mobile Home retailer, manufacturer, distributor license can be denied, revoked or suspended for conviction of a felony related to the business of mobile homes. Iowa Code 103A.55 (2009).
s. Pharmacist license can be denied, revoked, or suspended for violation of controlled substances Act or conviction of violation of chapter 124, 126, 147 of the Federal Food, Drug, and Cosmetic Act. Iowa Code 155A.12 (2009).
t. Veterinarian licenses can be denied, revoked, or suspended for conviction of a felony, or Inability to practice veterinary medicine with reasonable skill and safety by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or other type of material or as a result of a mental or physical condition. Iowa Code 169.13 (2009).
u. Health related professions’ licenses can be denied, suspended, or revoked for habitual intoxication or addiction to drugs, or for conviction of any crime that would affect the licensee’s ability to practice the profession. Iowa Code 147.55 (2009).
v. Architecture licenses can be denied, suspended, or revoked for conviction of a felony related to the profession or conviction of any felony that would affect the ability to practice architecture. Iowa Code 544A.13 (2009).
w. Water/ Waste Water treatment licenses can be denied, suspended, or revoked for conviction of a felony related to the profession or conviction of any felony that would affect the licensee’s ability to operate a water or waste water treatment plant. Iowa Code 455B.219 (2009).
x. Short hand reporting licenses can be denied, suspended, or revoked for habitual intoxication or use of drugs, or conviction of a felony. Iowa Code 602.3203 (2009).
y. Hearing Aid licenses can be denied, suspended, or revoked for conviction of a felony or habitual intemperance. Iowa Code 154A.24 (2009).
z. Financial Institution licensees are required to notify the superintendent when criminal indictments or complaints are filed or a felony conviction against the licensee’s officers, directors, shareholders, partners, members, employees, or agents. Iowa Code 533D.5 (2009), 533C.503 (2009).
aa. Viatical Settlement Provider or Broker licenses can be denied, suspended or revoked if the licensee has been found guilty, pleaded guilty or nolo contender to any felony or a misdemeanor involving moral turpitude. Iowa Code 508E.4 (2009).
bb. Liquor Control licenses can be suspended or revoked for any conviction for violation of Iowa Code section 123.49. Iowa Code section 123.50 (2009).
cc. Registration of Electrical and Mechanical Amusement Devices/ Suspension of Liquor License or Beer Permit. Registration can be revoked if department finds a violation of section 99B.10, 99B.10A, or 99B.10C… or upon conviction of a person of a violation of Chapter 99B (Games of Skill or Chance).
dd. Child Care worker shall be subject to an evaluation and is disqualified if a record of founded adult or child abuse that was sexual abuse, listed on sex offender registry or committed felony-level offenses- child endangerment or neglect or abandonment of a dependent person; domestic abuse; crime against a child including but not limited to sexual exploitation of a minor, or a forcible felony; controlled substance offense within 5 years; committed physical abuse within 5 years. Iowa Code 237A.5 (2009).
ee. Manufacture, Distribute, or Dispense Controlled Substance licenses can be suspended or revoked if convicted of a public offense relating to a controlled substance, acts inconsistent with public interest. Iowa Code 124.304 (2009).
ff. Beer brewer or wholesaler license can be revoked or suspended for violating a law or rule which materially and adversely affects the ability of the party to continue to sell beer in the state. Iowa Code 123A.3 (2009).
gg. Motor vehicle dealer license restriction for 5 years of representing as an owner, salesperson, officer of a corporation or dealer for conviction of a fraudulent practice in connection with selling, bartering, or dealing with motor vehicles. Iowa Code 322.3 (2009).
hh. Retirement facilities must provide a disclosure statement at the time of a contract for continuing care or senior adult congregate living service, if a person’s conviction of a felony, plea of nolo contendere to a felony charge, or found liable or enjoined in a civil action if the felony or civil action involved fraud, embezzlement, fraudulent conversion, misappropriation of property or a similar felony involving theft or dishonesty. Iowa Code 523D.3 (2009).
ii. Private Investigator, Security Guard, Bail Enforcement licenses must not have been convicted of a felony or aggravated misdemeanor, not be an abuser of alcohol or a controlled substance, not have a history of repeated acts of violence, be of good moral character. Iowa Admin Code 661-121.5.
jj. Peace officer standards require valid driver’s license, not addicted to drugs or alcohol, of good moral character and not convicted of a felony or a crime involving moral turpitude (including income tax evasion, perjury or subornation, theft, indecent exposure, sex crimes, conspiracy to commit a crime, defrauding the government, and illegal drug sales, assault, domestic abuse, domestic violence, stalking, and offense in which weapon was used.) Iowa Admin Code 501-2.
Driver’s License: Driver’s Licenses can be affected by conviction for certain offenses or for failure to pay fines. If a Driver’s License is required for employment, employment can be affected.
Driver’s Licenses can be revoked for 180 days for drug-related convictions. Iowa Code sections 901.5(10) and 321.212(1)(d).
OWI-lookback period in Iowa is 12 years to see if there was a previous OWI.
a. For a first offense, there is a 180-day revocation of driving privileges. A restricted temporary license is available if the Blood Alcohol Content (BAC) is under .15% and there was no accident causing personal injury or significant property damage. If so, there is a 30 day wait for the restricted temporary license. If the BAC is over .10% or an accident occurred, there is a mandatory ignition interlock required for the temporary license, and the interlock must be put on all vehicles owned and operated by the person. (This can include vehicles owned by others including the employer.)
b. Successive offenses involve a 1-year revocation of the license and a 1 year waiting period for a temporary driver’s license.
c. For an underage OWI, the license is revoked for 60 days on a first violation, and the person is ineligible for a temporary restricted license.
d. For a First Refusal for a BAC Test, the license is revoked for 1 year, with a 90 day wait for a temporary license, and a mandatory ignition interlock device.
e. For successive refusals, there is a 2 year revocation of a license, and 1 year wait for a temporary restricted license with a mandatory ignition interlock device.
f. For a 1st OWI with a Commercial Driver’s License, there is a 1 year suspension for driving with a BAC of .04%, 1 year suspension for refusal of testing, 3 year revocation if transporting hazardous materials, 30-90 days revocation if a deferred judgment entered with no priors, an no work permit is allowed.
g. 2nd Offense with a Commercial Driver’s License, there is a lifetime ban from operating a commercial vehicle which may be reduced to a 10 year revocation under certain circumstances, with no temporary license. If transporting hazardous materials, there is an automatic lifetime revocation of the CDL.
To reinstate a driver’s license, there is a civil penalty of $200, proof of completion of a drinking driver’s course, proof of completion of substance abuse evaluation and treatment, and proof of complying with insurance or financial responsibility.
Schooling: The Drug Free Schools and Communities Act of 1986 and Amendments of 1989 require schools as a condition of receiving federal funds or financial assistance under any federal program to certify that the school has implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students. This law can affect schooling through disciplinary action up to and including dismissal, drug and alcohol abuse evaluation or programs, and possible sanctions.
Federal student loans: 20 U.S.C. § 1091(r)(1) suspends eligibility for any grant, loan, or assistance to students while receiving student aid and convicted of any offense under Federal or state law involving the possession or sale of a controlled substance (defined in 21 U.S.C. § 802(6) which includes marijuana). Suspension periods begin on the conviction date and end after the following intervals:
a. Possession of a controlled Substance:
1. 1st offense: 1 year
2. 2nd offense: 2 years
3. 3rd offense: Indefinite
b. Sale of a controlled substance:
1. 1st offense: 2 years
2. 2nd or more offense: Indefinite
There is a waiver allowed under 20 U.S.C. § 1091 (r)(2) if the student satisfactorily completes a drug rehabilitation program approved by the Secretary of Education and the program has 2 unannounced drug tests; or if the conviction is reversed or set aside.
Federal law also denies the Hope tax credit to students and their families if the student has a prior felony drug conviction.
Public Assistance and Food Stamps: Felony-drug convictions dated after 1996 can affect eligibility to receive TANF and food stamps. 21 U.S.C.§ 862a permanently bars anyone with a drug-related felony conviction from receiving federal cash assistance and Food Stamps during his lifetime, but states may opt out or modify the ban. Services excluded from the ban include emergency medical services under title XIX of Social Security Act (42 U.S.C. § 1396 et seq.); short term, non-cash, in-kind emergency disaster relief; certain public health benefits such as immunizations and testing and treatment of communicable diseases; prenatal care; job training programs; drug treatment programs; Medicaid; Social Security Disability or Supplemental Security Income.
Iowa has modified the federal drug felon ban to allow eligibility if the individual participates in drug treatment or otherwise verify s/he does not illegally possess, use or distribute controlled substance. Iowa Code section 239B.5(3).
Fleeing felons and parole violators are ineligible for most benefits. 42 U.S.C. § 608(a)(9)(A) prevents states from providing TANF, SSI, public and federally-assisted housing, or food stamps to individuals who are fleeing felons or are violating a condition of probation or parole, as found by a judicial or administrative determination. These people remain eligible for Medicaid, however. Thus, DHS can run a national warrant check on those applying for public assistance.
Public benefits can also be affected during the period of incarceration. If incarcerated when applying for SSI, benefit eligibility does not occur until the first day following the day of release from incarceration. 20 CFR § 416.211. If the recipient is currently receiving SSI, incarceration of a month or less has no effect on SSI, but a longer incarceration does. A recipient is ineligible starting with the first entire calendar month in which s/he is incarcerated and payments are suspended effective with such first full month. 20 CFR §§ 416.211 & 416.1325. SSI benefits are terminated following 12 consecutive calendar months of suspension for any reason, including incarceration, and recipient must reapply upon release from incarceration. 20 CFR § 416.1335. There is a duty to report ANY period of incarceration. 20 CFR § 416.708(k).
As long as the recipient is incarcerated, s/he is not entitled to dependency benefits, and there is no exception for children. 20 CFR § 404.468a.
Certain institutions may be excepted including some treatment programs, mental institutions, and community residences.
Social Security benefits such as Social Security Disability have different rules. When an individual is incarcerated upon conviction of a felony, s/he is not entitled to benefits for any month or part thereof during which s/he is incarcerated, regardless of the length of the sentence. 20 CFR §404.468(a).
Housing:
Public Housing: Public Housing Authorities (PHAs) may consider arrests that did not lead to conviction in its admission criteria, but must publish standards for denying eligibility. PHAs have the authority to bar eligibility for a reasonable time after any criminal activity. 42 U.S.C. § 13661(c). PHAs and Landlords general have the authority to evict residents for any new criminal activity, even evicting the entire family for one person’s activity even if the tenant did not know of, could not foresee, or could not control the behavior of other occupants or guests. Dep’t of Housing and Urban Dev. v. Rucker, 535 U.S. 125, 136 (2002). Rehabilitation can be considered to lift bars disqualifying those convicted of drug-related and violent offenses.
Admission to Public Housing Programs is governed by 24 CFR §§ 960.203, 960.204. Mandatory denial for persons subject to lifetime sex offender registration, 42 U.S.C. §13663(a), and for persons convicted of methamphetamine production, 42 U.S.C.§ 1437n(f).
There is a presumptive denial for:
a. Persons evicted within the past 3 years for drug-related activity unless evidence is submitted that the affected household member has successfully completed a supervised rehabilitation program approved by the PHA, or that the circumstances leading to the eviction no longer exist.
b. Persons engaged in illegal use of drugs. 42 U.S.C. § 13661. Admission is denied if a family member is currently engaging in illegal use of a controlled substance, or there’s reasonable cause to believe that a family member’s illegal use or pattern of illegal use of a controlled substance may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. The PHA may consider evidence that the family member is no longer engaging in the activity and has been rehabilitated.
c. Persons abusing alcohol. 42 U.S.C. § 13661. Admission is denied if there is a reasonable cause to believe that a family member’s abuse or pattern of abuse of alcohol may interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents. The PHA may consider evidence that the affected family member is no longer engaging in the activity and has been successfully rehabilitated.
There is a discretionary denial for those engaged in past criminal activity. 42 U.S.C. § 13661. For a reasonable amount of time, the PHA may deny admission if a member of the household engaged in:
a. Any drug-related criminal activity,
b. Any violent criminal activity, or
c. Any other criminal activity that would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or PHA employees.
Living Location: Landlords can refuse to lease properties to criminals, as criminals are not a protected class. (However, race is often associated with criminal records cases, and racial discrimination is prohibited.) Landlords can evict tenants due to criminal activity related to the housing, especially in drug cases, but not just because of a criminal record. Mortgages can be more difficult to obtain. Sex offenders with victims who were minors have specific restrictions on locations where they may live (not within 2000 feet of the real property comprising a school or child care facility). Sex offenders whose victims were adults are exempt from these restrictions.
Volunteer Activities: Volunteer activities can be restricted due to a criminal record.
Credit: Credit can be more difficult as criminal records are public records. Credit records can also be checked for employment purposes.
Habitual or enhanced offenses: Certain future offenses can be enhanced due to prior convictions, such as drug offenses and OWI. Iowa Code section 124.411. Habitual offender status can be based on a third felony conviction and allow for sentencing as a habitual offender. Iowa Code section 902.9(3).
DNA database: Certain offenses require taking and storage of a DNA sample. Iowa Code section 81.2 (2009). This database is reviewed for evidence of other crimes.
Restrictions on travel: Passports may be denied for certain offenses, and certain countries may restrict travel by persons committing certain offenses.
Convicted sex offenders whose victims were minors have exclusion zones. These include the real property of a public or nonpublic elementary or secondary school without the written permission of the school administrator or designee, unless enrolled as a student at the school. S/he is also prohibited from:
a. Loitering within 300 feet of the real property boundary of a public or nonpublic elementary or secondary school, unless enrolled as a student at the school
b. Be present on or in any vehicle or other conveyance owned, leased, or contracted by a nonpublic elementary or secondary school without the written permission of the school administrator or designee when the vehicle is in use to transport students to or from a school or school-related activities, unless enrolled as a student at the school or unless the vehicle is simultaneously made available to the public as a form of public transportation.
c. Present upon the real property of a child care facility without the written permission of the facility administrator.
d. Loiter within 300 feet of the real property boundary of a child care facility
e. Be present upon the real property of a public library without the written permission of the library administrator.
f. Loiter within 300 feet of the real property boundary of a public library
g. Loiter on or within 300 feet of the premises of any place intended primarily for the use of minors including but not limited to a playground available to the public, a children’s play area available to the public, recreational or sport-related activity area when in use by a minor, a swimming or wading pool available to the public when in use by a minor, or a beach available to the public when in use by a minor.
Registry on Sex Offender List: Even if there is a deferred judgment or deferred sentence, the individual must still register unless the plea, sentence, or judgment has been reversed or set aside. Registration is for a 10-year period or lifetime depending upon the statute. Even if the individual moves to another state, s/he must register in that state.
Effects on Families:
General Effect on Families: Incarceration separates families causing strife in the families. This can result in divorce or other civil actions. Distances between family members due to incarceration can cause problems, as can the problems with contact. There are fewer visits between family members, and collect calls are costly. Finances are strained in families due to the loss of income and increased costs of travel and phone calls. Issues and feelings of abandonment and loss, weakened attachments, and possibility of inadequate family care can cause concerns. Delinquency of children can increase, as can poor school performance, increased questioning of parental authority, negative perceptions of the legal system, and increased stress and anxiety. Intergenerational patterns of criminal behavior often result.
Termination of Parental Rights: Alcohol or drug addiction or certain felony convictions can lead to CINA actions to terminate parental rights. The Federal Safe Families Act, requires the State to sue to terminate parental rights where the child is in foster care for 15 of the most recent 22 months, unless a compelling reason exists not to terminate parental rights. 42 U.S.C. § 675(5). This can easily occur if a parent is incarcerated. Convicted criminals should avoid placing their children in foster care, which starts the monthly clock, and provide for their children’s proper care and custody by granting legal authority to the caretaker. If legal authority is not provided to the caretaker, the caretaker can obtain guardianship and could lead to termination of parental rights.
Child Support: Inmates have little income and may be able to modify their child support. However, back child support will still be owed and cannot be retroactively modified. Thus, child support should be modified as soon as possible if incarceration is ordered. Incarceration in Iowa is considered an involuntary act, allowing modification of child support.
Adoption or foster parents: Convictions for forcible felonies may bar foster or adoptive parenthood. Convictions for other offenses may allow Department of Human Services to bar applicants. Iowa Code sections 237.8, 600.8, and 902.12. 42 U.S.C. § 671(20)(A). These may be lifetime bars or five year bars depending upon the offense. Evidence of rehabilitation and other factors such as nature and seriousness of the crime, time elapsed since the crime, surrounding circumstances of the crime, and extent of criminal record may affect individual determinations. Iowa Code section 237.8.
Surety Bonds: Occupations or positions requiring bonding may be affected by convictions, as bonds may be denied due to certain criminal convictions.
Credibility: Felony or dishonesty convictions can affect credibility. Thus, a witness’ credibility can be affected due to convictions. Benefits or court awards can be affected due to the lack of credibility in a convicted criminal’s statements.
Immigration: The effects of even an arrest or the conviction of even a minor offense, can have devastating and complicated effects under immigration law, and an immigration attorney should be consulted if the individual is not a U.S. citizen.
Social, economic, and psychological Stigma: Criminal convictions can affect a person’s life in many different ways, prejudicing their opportunities in almost every sector of life. Criminals are not a protected class and can be discriminated against.
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