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How long does a misdemeanor stay on your record ?

Great Neck, NY |

22 yr Son convicted of driving with a suspended license which had resulted from failing to pay a fine for not wearing a seatbelt. Should he plead quilts or go to trial?

Attorney Answers 5


  1. Best answer

    If he has not yet pled guilty, go to the court where the seatbelt ticket is pending. Pay the suspension lift fee ($70.00) and resolve the ticket. This will go much more smoothly if you have an experienced traffic lawyer with you! Consider hiring one as quickly as possible. The DA's office will likely negotiate the suspended license misdemeanor (sounds like Aggravated Unlicensed Operation 3rd) to a non-criminal traffic ticket with your attorney once you have taken care of the underlying ticket.

    If your son has pled, hire a lawyer immediately and have him or her make a motion to withdraw the plea. This seemingly unimportant matter can result in your son having a criminal record for the rest of his life. This will seriously impact his life.

    Christopher I. Simser, Sr.
    Anelli Xavier
    269 West Jefferson Street, 2nd Floor
    Syracuse, NY 13202
    1-800-DWI-TEAM


  2. A misdemeanor remains on someone's record forever. Therefore, your son should definitely plead not guilty. If he does, he likely an avoid getting a criminal record. I appear in the Great Neck courts regularly (and in fact grew up there). Feel free to call me for a free consultation. I am confident that I can help your son, and have an Avvo rating of 10/10.

    Matthew Weiss, Esq. Weiss & Associates, PC 212-683-7373 www.nytrafficticket.com Since 1991, we make fighting traffic tickets as easy as possible.


  3. Plead not guilty and hire an experienced Traffic/Crimibnal Attorney to appear with your son on the return date. Depending on the tcket this could be a misdemeanor charge and a conviction could result in your son having a crimnal record. Feel free to call my office for a free telephone consulation.

    When responding to questions posted on Avvo, I provide a general purpose response based on NY law as I am licensed in NY. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.


  4. Never plead guilty to "as charged" to anything! We can represent him and work a plea deal to a non-criminal disposition. 1-877-99-NO-TIX (1-877-996-6849)


  5. It stays forever under the current NYS laws.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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