Got a subway violation ticket: Have some questions.

[lexicon]

What is the name of your state (only U.S. law)? NY

I live in NY city and last month i got a ticket for "trying to avoid legal payment by entering the subway system through the emergency exit door". It was a great mistake i made, when the MTA failed to do their job by maintaining their ticket machines, i had no other choice but to enter after another guy through the emergency door. So i went to the hearing and explained my situation, and no wonder i still have to pay that $100 fine. I am ok about that, its just the unfairness that makes me sad. Now i really need some help, i have a lot of questions and worries about the situation.

I am underage, 17, to be exact. so i guess this is considered as a juvenile case. My questions are below:

1. Is the subway ticket violation considered as a criminal act? Will it be saved permanently in my record as a criminal offense? My main concern is, when i apply for a job and they employers do my background check, will this particular incident show up there and say that I was convicted for this subway violation on that date.

2. If it does stay in my record as a criminal offense, how can i get it to be expunged or erased?

3. If i pay the amount of fine in time, will the offense be erased immediately/automatically?

thanks to everyone in advance

 

[HighwayMan]

I am assuming that you received a Transit Adjudication Bureau Notice of Violation (the summons) and it was adjudicated down on Jay Street in Brooklyn.

This is a civil violation that won't show up anywhere. As long as you pay the fine on time.

And your circumstances did not justify you entering the system without paying your fare. But you already know that.

 

[donkort]

This is just like a parking ticket, really (As long as you didn't get PL 165.15, an A Misdemeanor). Pay the $100 on time, and you shouldn't have any problems in the future.

By the way, in NY State, you are considered an adult (in the criminal justice system) at age 16. You were lucky you didn't get the misdemeanor.

 

[lexicon]

I am assuming that you received a Transit Adjudication Bureau Notice of Violation (the summons) and it was adjudicated down on Jay Street in Brooklyn.

This is a civil violation that won't show up anywhere. As long as you pay the fine on time.

And your circumstances did not justify you entering the system without paying your fare. But you already know that.

Spot on! First i had a period of 30 days to pay the ticket. But after the hearing they gave me another 30 days to pay it up. it would be a great relief if this incident doesnt show up in my records.

 

[lexicon]

This is just like a parking ticket, really (As long as you didn't get PL 165.15, an A Misdemeanor). Pay the $100 on time, and you shouldn't have any problems in the future.

By the way, in NY State, you are considered an adult (in the criminal justice system) at age 16. You were lucky you didn't get the misdemeanor.

what is "PL 165.15, an A Misdemeanor" actually? can you clarify please?

 

[FlyingRon]

what is "PL 165.15, an A Misdemeanor" actually? can you clarify please?

It's a criminal charge of theft of services which you technically could have been charged with. That would have been heard in court not in the TAB hearing.

 

[HighwayMan]

If it was "that time of the month" (depending on the transit district) and the officer was looking, or if he was looking for overtime, you could have been arrested for the Penal Law misdemeanor of Theft of Service. That did not happen here.

Very often multiple statutes cover a particular offense and the officer has leeway regarding which to use/charge. Since what you received generates revenue for the MTA it is the preferred way to go for any violation of anything in the subway.

As a ridiculous, but true, example - it is a violation of Transit Authority Rules to carry a loaded firearm into the subway. You can receive a Notice of Violation which also carries a $100 fine for that offense. In a case like that an arrest for Criminal Possession of a Weapon (felony) would probably be likely.

Again, you received a CIVIL violation that is pretty meaningless as long as you pay the fine.