Possession in the 8th and 7th charge

[derredy]

What is the name of your state? NYC

First off I just want to say that this website is really helpful and I am glad to know this website exists.

I am 22 now and when I was 18, I hung out with the wrong crowd and was arrested for possession of a controlled substance in the 8th or 7th with my friends since they found it in the car and no one admitted it was theirs. A month later I was arrested with my friends for possession of marijuana in the 7th or 8th (sorry can't remember since it was 4-5 years ago).

I am soon to start my processing for the NYPD and I picked up copies of my disposition and the first one states:
pled guilty and sentence imposed PG 240.20
$150
Conditional Discharge=1Y
Execution of sentence paid

The second disposition states:
Adjourned - CPL section 170.56
Dismissed - CPL section 170.56

I wanted to know if you can explain to me if my dismissed case is expunged and if the NYPD or a security job asked me if I was ever arrested and convicted of a misdemeanor or a felony, if I have to say yes?

Also I wanted to know if these are violations or criminal misdemeanors and if they are criminal charges, if these charges are in fact severe enough for me not to be hired for a civil service job.

Thank you very much for your time.

 

[You Are Guilty]

I am 22 now and when I was 18, I hung out with the wrong crowd and was arrested for possession of a controlled substance in the 8th or 7th with my friends since they found it in the car and no one admitted it was theirs. A month later I was arrested with my friends for possession of marijuana in the 7th or 8th (sorry can't remember since it was 4-5 years ago).

It must have been 7th, because there is no 8th degree. 7th is a Class A misdemeanor.

I am soon to start my processing for the NYPD and I picked up copies of my disposition and the first one states:
pled guilty and sentence imposed PG 240.20
$150
Conditional Discharge=1Y
Execution of sentence paid

All well and good - 240.20 is disorderly conduct, a violation (like a parking ticket). My guess is that was the result of a plea deal on the possession charge?

The second disposition states:
Adjourned - CPL section 170.56
Dismissed - CPL section 170.56

This refers to a weed-specific ACD (adjournment in contemplation of dismissal). It's a bit odd, since it's not applicable to 240.20 offenses, but the way it reads, it appears that you received successfully completed an ACD and the charge was dismissed (dismissed <> expunged).

I wanted to know if you can explain to me if my dismissed case is expunged and if the NYPD or a security job asked me if I was ever arrested and convicted of a misdemeanor or a felony, if I have to say yes?

If they asked if you were arrested (which is usually illegal, but the NYPD might be excluded from that rule, I'll have to check), you have to say yes. If asked whether convicted of a felony or misdemeanor, then probably "no", since it looks like you plead to a violation. Then again, I wasn't there - what happened when you went to court?

Also I wanted to know if these are violations or criminal misdemeanors and if they are criminal charges, if these charges are in fact severe enough for me not to be hired for a civil service job.

See above. I'd suggest no matter what you ended up pleading to that you disclose it to your examiner. They will almost certainly learn of it when they do the background check so not saying anything looks a bit shady (Assuming you've been clean in the last 4+ years, that is.)

As far as seriousness, I doubt it will have much of an effect - I've known a few officers who had much more serious charges in their past and while they didn't "sail through", they did eventually make it onto the force.

Thank you very much for your time.

Hell, we need all the cadets we can get these days. Good luck.

{edit}
It seems the NYPD is excluded from the inquiring about arrests - Executive Law s. 296(16). Interestingly, that section expires on 11/1/07. Better hurry on that application!

 

[derredy]

It must have been 7th, because there is no 8th degree. 7th is a Class A misdemeanor.

All well and good - 240.20 is disorderly conduct, a violation (like a parking ticket). My guess is that was the result of a plea deal on the possession charge?

Yep it was a possession of a controlled substance in the 7th I guess if you say it's not the 8th.

it appears that you received successfully completed an ACD and the charge was dismissed (dismissed <> expunged).

On the disposition it states the PG 240.20 page that it was "sealed after conviction. Pursuant to section 160.55 of the CPL" and the Dismissed one states "Sealed. Pursuant to section 160.50 of the CPL"

What does this actually mean?
So if a dismissal means the record was expunged, then that means that I could ignore that case altogether and technically I only have 1 "violation"?

If they asked if you were arrested (which is usually illegal, but the NYPD might be excluded from that rule, I'll have to check), you have to say yes. If asked whether convicted of a felony or misdemeanor, then probably "no", since it looks like you plead to a violation. Then again, I wasn't there - what happened when you went to court?

I would greatly appreciate it if you are able to check if I can write no because I put down yes during a security guard job stating that I have been charged for a misdemeanor or felony. So I'm able to write no if it states that and yes if they ask if I've ever been arrested for a misdemeanor or felony?

On the adjourned case, I did a few days of community service and paid a fine.

See above. I'd suggest no matter what you ended up pleading to that you disclose it to your examiner. They will almost certainly learn of it when they do the background check so not saying anything looks a bit shady (Assuming you've been clean in the last 4+ years, that is.)

Without a doubt. I'm thinking the more I tell them, the less they feel that I'm hiding so I at least look honest.

As far as seriousness, I doubt it will have much of an effect - I've known a few officers who had much more serious charges in their past and while they didn't "sail through", they did eventually make it onto the force.

LOL..no kidding. I talked with a lot of officers about my convictions and they tell me its a roll of a dice. If my investigator is lenient than I get lucky and if not, luck's not on my side; what can you do. You wouldn't happen to tell me what the most severe case was would you?

It seems the NYPD is excluded from the inquiring about arrests - Executive Law s. 296(16). Interestingly, that section expires on 11/1/07. Better hurry on that application!

O really, I never heard of that before. I'm actually getting processed in 2 weeks.
Thank you very much for your time and patience

 

[You Are Guilty]

Yep it was a possession of a controlled substance in the 7th I guess if you say it's not the 8th.

I'm not saying anything other than there is no crime of possession in the 8th degree in NY.

On the disposition it states the PG 240.20 page that it was "sealed after conviction. Pursuant to section 160.55 of the CPL" and the Dismissed one states "Sealed. Pursuant to section 160.50 of the CPL"

160.50 operates to seal your "criminal" record if you're not convicted. It does not, not, not "expunge" the record. All sealing means is that Joe Schmo off the street can't see your arrest if he walks into the courthouse and pulls your file - you have to specifically give him permission. BUT, that only applies to Joe Schmo. 160.50(d) specifically exempts the NYPD from this rule, meaning they will see everything in there, good and bad. (Thus, the reason you should disclose).

What does this actually mean?

See above.

So if a dismissal means the record was expunged, then that means that I could ignore that case altogether and technically I only have 1 "violation"?

No! A dismissal is not even close to being the same as an expungement. Dismissal just means the charges were dropped/you were not found guilty. The record of the action remains. It only "disappears" if you jump through the hoops to request it be expunged. (And even then, a record of the proceedings is still available, particularly in any Federal databases).

I would greatly appreciate it if you are able to check if I can write no because I put down yes during a security guard job stating that I have been charged for a misdemeanor or felony. So I'm able to write no if it states that and yes if they ask if I've ever been arrested for a misdemeanor or felony?

Well, you were charged with a misdemeanor, and presumably arrested for the same misdemeanor, so you'll have to answer those questions truthfully (remembering that a security company should not be asking about arrests - only the NYPD gets to do that).

On the adjourned case, I did a few days of community service and paid a fine.

That sounds like the typical sentence for a disorderly conduct charge.

Without a doubt. I'm thinking the more I tell them, the less they feel that I'm hiding so I at least look honest.

Bingo! They care more about your honesty than most of the silly crap you did.

LOL..no kidding. I talked with a lot of officers about my convictions and they tell me its a roll of a dice. If my investigator is lenient than I get lucky and if not, luck's not on my side; what can you do. You wouldn't happen to tell me what the most severe case was would you?

The vast majority are drug related (and then lying about it on the polygraph!) Although, I also remember one who had a domestic violence conviction (not sure if it was actually beating his wife or just violating an order of protection though).

O really, I never heard of that before. I'm actually getting processed in 2 weeks.
Thank you very much for your time and patience

Again, good luck.