Immobilized: (In)congruent collateral consequences and racialized driver's license restrictions

For Americans convicted of crimes, collateral consequences impose barriers extending long past the completion of official sentences. The present study develops a novel distinction between congruent and incongruent collateral consequences. Congruent consequence laws impose barriers that are closely linked to their triggering offenses, while incongruent measures impose barriers that are only loosely connected to triggering offenses—or are disconnected entirely. Focusing specifically on the impactful consequence of restricting legal driving privileges, this article examines how the determinants of these policies vary according to the degree of congruity between triggering offense and collateral consequence. Using novel data on driver's license restriction laws, we find that the Black composition of state felony record populations is positively associated with the extensiveness of license restrictions for nondriving safety offenses. Conversely, we do not find a statistically significant relationship between states’ felony record racial composition and their volume of license restrictions for driving safety offenses. These findings reveal a major divergence in pathways leading to congruent and incongruent collateral consequence statutes at the state level. The results are further notable given driving's central role in the US socioeconomic system.