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| A Barber's License may be harder than you think from the rawtable.com |
I am often asked by my clients what a criminal conviction to a DWI or other misdemeanor will mean to their future job prospects in New York State. I am proudly a native New Yorker, Brooklyn born, raised, and a graduate of the School of Hard Knocks. Although, I now enjoy the practice of criminal defense law in beautiful and picturesque Ithaca, NY.
The more I learn of the legal quirkiness inherent in the New York laws I shudder and chuckle. My blog today centers on how a prior criminal convictions can affect the application for a professional license in New York State.
"Discretionary" Licensure Under NYS Law
A Barber's license, Boxer's license, and Check Cashier license are all discretionary in NYS. For a Boxer or Wrestler or Check Cashier making application for a NY license that means they may be refused a license (a permission) to box or wrestle or cash checks professionally if the applicant has been convicted of a crime or is consorting with anyone convicted of a crime. Consorting is defined as to keep company or associate with. NYS is mindful of those you choose to hang out with. Your friends may cost you a license.
For those holding a Barber's license, any crime or offense involving moral turpitude or for habitual substance abuse can trigger a suspension or revocation of that license.
Bingo Operators and Distributors are barred a NYS license for a conviction for any crime under Executive Law section 435 (2)(c)(l).
Licensed Electricians can have their ability to earn a living supended or revoked if convicted of a crime under NYC Admin Code section 27-3016 (1)(vii).
Interestingly Licensed Plumbers face no such restrictions.
Sanitation Workers may be punished or dismissed for conviction of any legal offense, conduct injurious to public peace or welfare, or immoral conduct under NYC Admin Code section 16-106. In NYS the unlawful possession of marijuana (UPM) is considered an offense, so technically speaking you could lose your job as a garbage man for having a joint.
Which brings me to the GOOD NEWS, to the many professional occupations in which a criminal misdemeanor conviction pose NO restrictions to obtaining a NYS license:
You can rest easy knowing you can be an Accountant (CPA), Acupuncturist, Architect, Attorney, Baby Chick Seller, Chiropractor, Controlled Substance Manufacturer, Dental Hygienist, Dentist, Deputy Sheriff, Engineer, Insurance Securities, Midwife, Nurse, Nutritionist, Occupational Therapist, Optometrist, Pharmacist, Physical Therapist, Physician, Physician's Assistant, Podiatrist, Psychologist, Securities Broker, Social Worker, Speech Pathologist, Teacher, or Veterinarian with a criminal conviction on your record.
To all those with dreams of being a Professional Bingo Operator, Boxer, or Barber I promise to do my best to fight whatever charges loom against you in the future. In the meantime, take a deep breath and realize the world of possibilities for future NYS licensure in so many wonderful professions will not be impacted by a misdemeanor DWI or other criminal conviction.
The 9 Most FAQ About NY DWI, here:
The New York Up State DWI Survival Guide, here:
Winning The NYS DWI Refusal Case, here:
Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.
Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 550 blog posts, dozens of articles, and over 520 informative videos on my youtube channel.
I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.
http://www.ithacadwi.com
newman.lawrence@gmail.com
607-229-5184
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