An arrest or a criminal conviction may have “collateral consequences” concerning your job, a business license, pistol license or, if you are not a United States citizen, your immigration status.
Depending on your employment, whether in the public or private sectors, you may be required to report an arrest to your employer, even though an arrest is not a conviction and there is a presumption of innocence.
If you are a public employee, a civil servant or if you have pistol permit, which has additional reporting requirements, your public employer may suspend you from your position or if you have a pistol permit you will be required to surrender your license and firearm until your criminal matter is concluded. In either instance, an administrative hearing will be conducted at the conclusion of a criminal matter to determine whether a disciplinary sanction may be imposed. If you are guilty of a felony or misdemeanor you may lose your job, forfeit hiring for certain employment, and the conviction could result in not being able to obtain or retain a business license.
If you are not a United State citizen or legally a resident, your immigration status may be affected if you are convicted of a crime. Deportation is a possible result, even if a criminal conviction results in a non-jail sentence.
NYS does not have a criminal sealing statute. This means a criminal conviction for a misdemeanor or felony remains with you forever. Although NYS allows for some relief from a criminal conviction for employment and licensing purposes, it will not guarantee that you will be able to be hired or be relieved of the “collateral consequences” of a criminal conviction.
These “collateral consequences” may occur even if you receive a non-jail sentence at the end of a criminal case.
