When most people think about the consequences of a criminal charge, they think of what a judge can order in court: jail, probation, fines, and community service. Those are the direct consequences. But a criminal case can also set off a second set of problems that last long after the case is closed. These are called collateral consequences, sometimes described as “invisible punishments.”
Collateral consequences are the civil, regulatory, and practical barriers that attach to a conviction, and in some situations to an admission to sufficient facts or a continuance without a finding (CWOF). They come from state and federal statutes, licensing rules, housing programs, and private decisions by employers and landlords. Some last a few years. Others last a lifetime. Many people learn about them only after it is too late to avoid them.
This guide explains the most common collateral consequences of Massachusetts criminal cases so that people charged with a crime, and their families, can see the full picture before deciding how to resolve a case.
Direct Consequences vs. Collateral Consequences
Direct consequences are the penalties written into the criminal statute itself. For example, larceny of property worth $1,200 or less is punishable by up to one year in jail or a fine of up to $1,500 under G.L. c. 266, § 30. Most statutes set only a maximum, and judges have wide discretion in choosing a sentence within that range.
Collateral consequences come from other laws. The larceny statute says nothing about your job, your apartment, or your driver’s license, yet a larceny conviction can affect all three. Because these consequences are found somewhere other than the charge itself, they are easy to overlook. A careful defense lawyer will explain them before you decide whether to go to trial or accept a plea.
1. Employment
Finding and keeping a job is one of the areas most affected by a criminal record. A conviction can close doors even for someone with strong work experience and no recent problems.
Ban the box. Massachusetts law generally prohibits employers from asking about criminal history on an initial written job application. G.L. c. 151B, § 4(9½). There are exceptions where a federal or state law disqualifies people with certain convictions from the job, or bars the employer from hiring them. Employers may ask about criminal history later in the process, within limits.
What employers may never ask about. Under G.L. c. 151B, § 4(9), an employer may not ask about or keep records of the following, or penalize you for declining to disclose them: an arrest, detention, or case that did not end in a conviction; a first conviction for drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbing the peace; a misdemeanor conviction that is three or more years old (counting from the conviction or release, whichever is later), as long as you have no other conviction in the past three years; or a record that has been sealed or expunged. You cannot be charged with perjury or a false statement for declining to disclose information you have a legal right to withhold.
How CORI checks work. An employer that uses the state Criminal Offender Record Information (CORI) system must have your signed acknowledgment and verify your identity. It is generally unlawful to require you to hand over a copy of your own CORI. G.L. c. 6, § 172(d). Most employers receive Standard Access, which shows felony convictions for 10 years and misdemeanor convictions for 5 years after the disposition or release from custody, plus pending cases, including an open CWOF until it is dismissed. Older convictions remain visible as long as a more recent conviction is still reportable, and violations of abuse prevention or harassment prevention orders are treated as felonies for this purpose. Employers with Required Access, such as schools, child-care programs, and some health care employers, can see more. See What Can My Employer See About My Criminal Charges? and What Is in a Massachusetts Criminal Record?.
Before an adverse decision. An employer, landlord, or licensing agency that has your criminal history must give you a copy before questioning you about it, and again if it makes a decision against you based on it. G.L. c. 6, § 172(c). The CORI regulations add that, before taking adverse action, an employer must tell you what information it is relying on, identify the source, and give you a chance to dispute its accuracy. 803 CMR 2.20. Even so, fields such as health care, education, child care, transportation, finance, and security remain difficult to enter with a record.
2. Housing
A criminal record can make it much harder to find and keep stable housing. The rules differ for private market-rate rentals and for public or subsidized housing.
Private landlords. Landlords and property managers may not require you to hand over your own CORI, but they may run a CORI check with your written permission, and they must give you a copy of the record before questioning you about it or denying your application because of it. If they use a private screening company instead, the federal Fair Credit Reporting Act adds its own notice requirements. Blanket “no criminal record” policies can raise fair-housing concerns, and many landlords look at the nature of the offense, how long ago it happened, and evidence of rehabilitation. Sealed records do not appear on the CORI reports private landlords receive.
Public and subsidized housing. Housing authorities and subsidized housing programs, including Section 8 and the Massachusetts Rental Voucher Program, have broader access to criminal records and often review pending cases as well as convictions. Federal law permanently bars two groups from federally assisted housing: people subject to a lifetime sex offender registration requirement, and people convicted of manufacturing methamphetamine on the premises of federally assisted housing. Drug-related or violent criminal activity within a program’s look-back period can also lead to denial or eviction. An applicant who is denied is entitled to written reasons and a chance to request a hearing, and the deadlines stated in the denial letter are strict.
Some cities have adopted local fair-chance housing policies that further limit how criminal records may be used for certain housing. These rules are not uniform, so it is worth checking whether one applies. Before applying anywhere, obtain and review your own CORI, correct errors, and gather references and proof of rehabilitation.
3. Professional and Occupational Licenses
Many careers in Massachusetts require a state license, including nursing, teaching, real estate, insurance, cosmetology, and many trades. A conviction can lead to denial of a new license or discipline of an existing one. Licensing boards commonly evaluate “good moral character” and look at the seriousness of the offense, how much time has passed, rehabilitation, and the connection between the crime and the work. License holders usually receive notice and an opportunity for a hearing before discipline. Anyone who holds or plans to seek a professional license should raise it with defense counsel early, because the way a case is resolved can matter as much as the outcome.
4. Your Driver’s License
A driver’s license is a privilege, and many driving offenses carry automatic license consequences that are separate from any sentence. The most common example is an OUI arrest.
- Failing a breath or blood test. If a test shows a blood alcohol level of .08 or higher (or .02 or higher for a driver under 21), police take the license on the spot. That suspension lasts until the case is resolved, but no more than 30 days. G.L. c. 90, § 24(1)(f)(2).
- Refusing the test. A refusal brings a separate suspension: 180 days for a first offense; 3 years for a driver under 21 or with one prior OUI; 5 years with two priors; and life with three or more priors. G.L. c. 90, § 24(1)(f)(1). No hardship license is available during a refusal suspension.
- If you win the case. After a not-guilty finding or dismissal of the OUI charges, you may ask the court that decided the case for a hearing to restore the license. There is a presumption that the license will be restored unless the Commonwealth shows that restoration would likely endanger public safety.
A conviction or CWOF on the OUI charge brings its own, longer loss of license. For the full picture, see How Long Do You Lose Your License for an OUI in Massachusetts? and Hardship License and Ignition Interlock in Massachusetts.
5. Firearms Rights and Licenses
Massachusetts has some of the strictest firearms laws in the country, and federal law adds its own restrictions.
State licensing. Under the firearms licensing law as rewritten in 2024, now G.L. c. 140, § 121F, many convictions disqualify a person from a Firearm Identification card or License to Carry, including felonies, many drug offenses, violent crimes, and domestic violence offenses. Some disqualifications expire after a waiting period; others are permanent. The licensing authority, usually the local police chief, may also deny, suspend, or revoke a license if it finds the person “unsuitable” based on reliable, articulable, and credible information that the person may create a risk to public safety or a risk of danger to themselves or others. The conduct behind a pending charge can be the basis for an unsuitability finding even before the case is resolved. A suspension or revocation must be in writing and state the reasons, and the holder must surrender the license and any firearms.
Challenging a decision. A person whose license is denied, suspended, or revoked can generally petition the District Court within 90 days. The court may order the license issued or reinstated if it finds there was no reasonable ground for the decision and the person is not otherwise prohibited by law. For related issues, see Massachusetts Gun Storage Laws After the 2024 Reform.
Federal law. Federal law bars firearm possession by anyone convicted of a crime punishable by more than one year in prison, and by anyone convicted of a misdemeanor crime of domestic violence. A state misdemeanor is excluded only if it is punishable by two years or less. 18 U.S.C. § 921(a)(20). Because many Massachusetts misdemeanors carry a maximum of 2½ years in the house of correction, a conviction for one of them can trigger the federal ban even though it is not a felony here. Sealing a Massachusetts record generally does not remove a state or federal disqualification based on the conviction. Anyone who values the ability to own firearms should treat these consequences as a central issue in deciding how to resolve a case.
6. Sex Offender Registration
A conviction for a sex offense can require registration with the Sex Offender Registry Board (SORB). The board classifies each registrant at one of three levels based on the risk of reoffense and the degree of danger to the public, and it must prove the classification by clear and convincing evidence. Doe, Sex Offender Registry Bd. No. 380316 v. Sex Offender Registry Bd., 473 Mass. 297 (2015).
- Level 1 (lowest risk): information is not published on the public internet database, although police and certain agencies have access.
- Level 2 (moderate risk): information is published online for people classified at Level 2 after July 12, 2013. For those classified earlier, the public must request information from the police or SORB.
- Level 3 (highest risk): information is published online.
Registration affects where a person can work and live, travel, and daily life for years. It also limits record relief: sex offenses cannot be sealed for 15 years after the case ends or for as long as the person must register, whichever is longer, and a person who has ever been classified at Level 2 or 3 can never seal a sex offense. G.L. c. 276, § 100A. For more, see Sex Offender Registry Board (SORB).
7. Immigration and International Travel
For anyone who is not a U.S. citizen, a criminal case can carry consequences far more severe than the sentence itself, including deportation, inadmissibility, and denial of naturalization. Immigration law uses its own definition of “conviction,” and a CWOF entered after an admission to sufficient facts can count as a conviction for immigration purposes even though Massachusetts does not treat it as one. Non-citizens should get advice from a defense lawyer who understands immigration consequences, and often from an immigration attorney as well, before resolving any case.
International travel raises separate issues. Foreign countries control their own borders, and some, Canada in particular, can deny entry based on older convictions, including OUI. Sealing a Massachusetts record has little effect on what foreign governments can see through federal databases.
8. Voting, Jury Service, and Public Office
Massachusetts is more protective than many states. The only people who lose the right to vote are those incarcerated in a correctional facility because of a felony conviction. Mass. Const. amend. art. 3, as amended by art. 120. A misdemeanor never takes away the right to vote, and voting rights return on release, even while a person is on probation or parole.
Jury service is more restricted. A person is disqualified from serving as a juror if convicted of a felony within the past seven years, if a felony case is pending, or while in custody. G.L. c. 234A, § 4. And a public officer who is sentenced to state prison for a felony forfeits the office from the time of sentencing. G.L. c. 279, § 30.
9. School Suspension or Expulsion
Students face their own consequences. When a student is charged with a felony, whether in adult court or by a delinquency complaint, the principal may suspend the student if the student’s continued presence would have a “substantial detrimental effect” on the general welfare of the school. If the student is convicted of, admits to, or is adjudicated delinquent for a felony, the principal may expel the student on the same finding. G.L. c. 71, § 37H½.
The student must receive written notice of the charges, the reasons, and the right to appeal. The appeal goes to the superintendent: the student must request it in writing within five calendar days, the hearing must be held within three calendar days of the request, and the student may present evidence and have a lawyer. A district that suspends or expels a student under this law must continue to provide educational services during the suspension or expulsion.
10. Other Areas of Life
Collateral consequences reach still further. A record can affect eligibility for some public benefits, security clearances, and volunteer or coaching positions that involve children. In family court, a criminal case can influence custody and parenting-time decisions. And there is the social stigma of being charged at all: even when a case is dismissed or ends in an acquittal, an arrest can strain relationships with family, friends, neighbors, and co-workers. The impact depends on the offense, how much time has passed, and the program or proceeding involved.
Reducing the Impact: Sealing and Record Relief
Massachusetts offers ways to limit the long-term damage of a record. Under G.L. c. 276, § 100A, a person may ask the Commissioner of Probation to seal a misdemeanor record 3 years after the case ends (including any incarceration) and a felony record after 7 years, as long as there have been no new convictions during that time. Some convictions cannot be sealed this way, including violations of the firearms licensing laws (G.L. c. 140, §§ 121–131H), crimes against public justice under chapter 268 such as perjury (resisting arrest is an exception), and conflict-of-interest violations under chapter 268A. Sex offenses have their own longer rules described above. Cases that ended without a conviction, such as a dismissal or a not-guilty finding, can often be sealed sooner through the court. Expungement, which destroys a record, is available only in narrower situations. See Expunge My Criminal Record and What Is in a Massachusetts Criminal Record?.
Once a record is sealed, it no longer appears on the CORI reports most employers, landlords, and licensing boards receive, and an applicant for a job, housing, or an occupational license may answer “no record” to questions about sealed cases. Sealing is powerful but not complete: firearms disqualifications, immigration consequences, and some federal restrictions usually remain.
Why These Consequences Matter Before You Resolve Your Case
Whether to go to trial or accept a plea is your decision, but it should be an informed one. Because many collateral consequences attach automatically and are hard to undo, they belong in the conversation from the start. An outcome that looks favorable on the surface, such as a CWOF that is later dismissed, can still create lasting problems for employment, licensing, firearms, or immigration status. A defense lawyer can identify which consequences matter most in your situation and work toward a result that limits long-term harm. See Plea Deals and Dispositions After Arraignment in Massachusetts.
Talk to a Massachusetts Criminal Defense Lawyer
If you or a family member is facing a criminal charge, the collateral consequences deserve the same careful attention as the potential sentence. The Law Office of William J. Barabino in Medford can evaluate both the immediate case and the longer-term effects of each possible outcome. Attorney Barabino has over 23 years of experience in criminal defense and represents clients throughout Greater Boston.
Call 781-393-5900 for a confidential consultation.
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Disclaimer
This article is for general educational purposes only and is not legal advice. The statutes, regulations, and agency practices that create collateral consequences change often, and federal law adds its own rules. Every case turns on its own facts. Reading this page does not create an attorney-client relationship. If you are facing a criminal charge and are concerned about its consequences, consult a licensed Massachusetts criminal defense attorney about your situation.
