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I was charged with 3 misdeminor and one violation. I pled guilty to violation of harrasment 240.26

Submitted: 10 months ago.Category: Criminal Law
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9/24/2017
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 10 months ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,851
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 10 months ago

Good afternoon. Can you please share with me what your question is?

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Customer reply replied 10 months ago
It's about domestic violence case. As I said before I was charged with 3 misdemeanor and one violation and I pled guilty to violation as the lawyer sought it the only way to resolve the case. Now I have one year conditional discharge. And two years order of protection which is limited. It says I can't acquire guns. Does it stay life time? Do I have a criminal record? Can I work in government sector?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 10 months ago

Thank you. I am going to opt out an allow another expert to answer this, as I was not sure the scope of the question, by the original post. Thank you and please allow a few moments.

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Customer reply replied 10 months ago
Why do I have to wait for 24 hours? In that case I could go to a lawyer's office..if I had to wait for a day
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,883
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello, My name is ***** ***** I am a New York criminal lawyer. I see that your previous expert has opted out. If you will be patient for a few minutes, I can type an answer to your question.

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Customer reply replied 10 months ago
Please.. I am waiting
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

Crimes are misdemeanors and felonies. You have a criminal conviction because harassment is a statute in the penal code. However, you can honestly say that you have never been convicted of a crime. You were convicted of a violation.

At this point, the matter will show on your record. However, if there are no difficulties with the law during the period of your conditional discharge, this matter can be sealed. The government can still see this after the case is sealed, so if you apply for a government job, you would have to disclose this matter. However, it shouldn't stop you from working for the government, as it is a violation and not a crime.

As to your gun rights, while the order of protection is in effect, you are not allowed to have any contact with firearms. However, you haven't lost your second amendment rights on either a state or Federal level since you were not convicted of a misdemeanor crime of domestic violence. Once the order is lifted, you would be able to possess guns again.

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Customer reply replied 10 months ago
But on the order of protection it says the person can not buy guns even after the order is finished. My lawyer said that I don't have a criminal background, and should be able to work in government, home land or police jobs as it is only a violation. As I am waiting for my removal of conditions on my green card will this stop me from acquiring green card or become a citizen eventually? I tried for auxiliary nypd job and I told the sergant everything , but they denied saying that it's a crime of moral character. I don't understand who is right here as my lawyer said I can work with police.. I am worried about my status in the states and my future job profile.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

If the judge specifically ordered you to refrain from firearms beyond the date that your case is resolved, that's a different story. You would have to get the court to lift that order before you could own guns again.

As to the job with NYPD, the fact that the government can hire you doesn't mean that they will. It's at their discretion. NYPD is fairly restrictive because they are a highly desirable police force to be affiliated with. Other police forces would not find a conviction for a violation a problem.

You should be able to acquire a green card and to become an eventual citizen, but to go into that in more detail, you should post a separate question in our Immigration Law category.

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Customer reply replied 10 months ago
that means I don't have a criminal record and if I want I can apply for government jobs and can work with nypd traffic office at least? What about being a real estate agent or getting a taxi license?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

There IS a record, but it's for a criminal infraction, which is something less than a crime. It's the criminal court equivalent of a traffic ticket. You would have to disclose it on any government application, and to Immigration when they want information about your criminal history.

There is no reason you can't apply for government jobs or to get a professional license. Whether NYPD will hire you in any capacity will be up to them. Keep in mind that you cannot be around firearms unless/until the judge's order is lifted.

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Customer reply replied 10 months ago
OK. So it's definitely true that there is no criminal record and it won't be a problem in getting the green card or citizenship
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

NO! There is a criminal record, but it's for a criminal infraction. You have not been convicted of a crime. You HAVE been convicted of a criminal violation. It is true that you have never been convicted of a crime. It is NOT true that you have no criminal record.

A criminal violation should not cause you to be denied a green card or citizenship. However, it could cause delays. You want to ask that question in our immigration Law category.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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