Wednesday, May 12, 2010

Long Island Criminal Law - Things to be Aware Of

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I am often asked by my clients exactly what a criminal conviction for a DWI or other misdemeanor will mean for their long term job prospects in New York State. I am proudly a native New Yorker, Queens born, Long Island raised,and a graduate of the Institution of Hard Knocks. Even though, I now take pleasure in the practice of criminal defense law in beautiful and picturesque Long Island, NY.

The greater I learn of all the legal whimsy inherent within the New York laws I both chuckle as well as cry. My comments center on just how prior felony convictions can impact the application for a professional license in New York State.

The Barber's license, Boxer's license, and also Check Cashier license are discretionary within New York. For the Boxer or Wrestler or Check Cashier making application for a New york license, that means they might be declined a license (or permission) to box or wrestle or cash checks professionally in the event the applicant has been convicted of a criminal offense or is consorting with anyone convicted of a crime. Consorting is defined as to keep company or even associate with. New York State can be conscious of those you decide to hang out with. Friends and family might cost you a license, as well as the disapproval and ridicule of your respective associates!

For all those holding a Barber's license, any crime or offense involving moral turpitude as well as for habitual substance abuse may result in a suspension or revocation of the license. I presume this happens because of the risk of a lousy haircut.

Bingo Operators are barred from receiving a New York State license for the conviction for virtually any crime under Executive Law section 435 (2)(c)(l).

Licensed Electricians might have their capability to make a living suspended or revoked if convicted of a criminal offense under NYC Admin Code section 27-3016 (1)(vii), but Licensed Plumbers face absolutely no like restriction. Sanitation Workers could be disciplined or even dismissed for conviction of any kind of legal offense, conduct injurious to public peace or welfare, or immoral practice under NYC Admin Code section 16-106. In NYS any unlawful possession of cannabis (UPM) is considered a violation (and not a crime), therefore theoretically speaking you could potentially lose your job as a garbage man for having a joint even though it is not a crime to possess it. Seemingly, the State wishes to ensure that a garbage man is a straight arrow!

Which gets me to some good news, to the many professional jobs where a criminal misdemeanor conviction pose NO automatic restrictions to obtaining a NYS license:

You could rest easy knowing you could be an Accountant (CPA), Acupuncturist, Architect, Legal professional, Baby Chick Seller, Chiropractor, Controlled Substance Manufacturer, Dental Hygienist, Dentist, Industrial engineer, Insurance agent, Midwife, Registered nurse, Nutritional expert, Occupational Therapist, Optometrist, Pharmacist, Physical Therapist, Doctor, Physician's Assistant, Podiatrist, Psychologist, Securities Broker, Social Worker, Speech Pathologist, Teacher, or Vet with a criminal conviction on your record. However, the nature of the conviction can, and will, have an effect. Also, a conviction for just about any felony could have extremely dire implications.

The goal of each representation I take on is to reduce the impact that being charged with a crime may have on the individual both now as well as in the future. You have my word on it.

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