Will my status as an illegal alien come up in court for a traffic violation?

UPDATED: Sep 18, 2011

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Will my status as an illegal alien come up in court for a traffic violation?

I have been in USA about 13 years;I’m illegal. I was driving with an expired driver’s license (3 years) and was stopped by cop for tinted windows. She marked on the ticked criminal violation. Does anybody know what to expect at the court day? Should I worry? Do they check your background (immigration)?

Asked on September 18, 2011 under Criminal Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that you should speak with an immigration attorney in your area at this time, not because I think that anything may happen in traffic court, but because the issue weighs heavily on your mind and you need not live your life in fear of being deported.  Now, I can only answer for what generally happens in New York.  The courts do not generally notify the Department of Immigration and Naturalization about the legal status of those coming before them.  But one really never knows what a judge will do if it is a bad day for him or her, do you know what I mean?  So go and seek counseling and try and put this matter to rest.  Good luck.

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