Collateral consequences of criminal records from a cross-national perspective: an introduction

Corda, A.; Rovira, M.; Zand-Kurtovic, E. van 't (2023)

Article / Letter to editor

This special issue is devoted to a constantly growing field of interest within criminology and criminal justice: so-called collateral consequences of criminal records (hereinafter, CCCR). Criminal justice–involved individuals face burdensome legal and social barriers and disabilities that exist because of their prior contacts with the criminal legal system. Collateral consequences can be both formal and informal in nature. The first CCCR category − so-called de jure collateral consequences − includes sanctions, restrictions and disqualifications that attach to a criminal record which have either a statutory or regulatory basis. These consequences limit the full exercise of citizenship rights and restrict, access to employment and economic opportunities, as well as welfare benefits. To be clear, criminal justice actors are not the only authorities that may impose collateral consequences. Administrative licencing bodies, immigration authorities and other state-sanctioned actors exercising delegated functions play a key role in imposing formalised collateral consequences. The second category of CCCR − so-called de facto collateral consequences − includes social barriers and disabilities that lack a statutory basis and do not necessarily involve any government, or otherwise state-sanctioned, actors. These include restrictions inflicted by private actors, such as landlords and employers, acting upon criminal justice information obtained through criminal background checks.

• Collateral Consequences
• Comparative Criminal Justice
• Comparative Criminology
• Criminal Records
• Policy Mobilities

• All authors: Corda, A.; Rovira, M.; Zand-Kurtovic, E. van 't
• Date: 2023-05-18
• Journal: Criminology & Criminal Justice
• Volume: 23
• Issue: 4
• Pages: 519 - 527
• DOI: doi:10.1177/17488958231174109