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Is a violation of disorderly conduct a criminal offense?crime? criminal conviction?

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keka k

Junior Member
What is the name of your state (only U.S. law)? Hawaii. I was charged with misdemeanor disorderly conduct and plead no contest to a violation of disorderly conduct. I know that I am guilty of disorderly conduct-violation and my attorney said that the violation was not a crime but am unsure of my status for job applications.
Have I been convicted of a criminal offense?
Do I have a criminal conviction?

Thanks for any replies
 


keka k

Junior Member
I know that I was not convicted of a misdemeanor, was just told it was a violation-comparable to a speeding ticket. If it is not a misdemeanor, would the violation be of city ordinence?

thanks
 

outonbail

Senior Member
I know that I was not convicted of a misdemeanor, was just told it was a violation-comparable to a speeding ticket. If it is not a misdemeanor, would the violation be of city ordinence?

thanks
A city ordinance would be like receiving a ticket for not having your dog on a leash, or having a loud party, which could also fall under disorderly conduct.

As far as what you were actually convicted of, I really have no way of knowing. However, you said you were charged with a misdemeanor, which if convicted of a misdemeanor, would appear on your criminal record.

But you're saying you were not convicted of a misdemeanor, so it could have been a city ordinance violation or an infraction, each of which will not become life altering problems.

However, if you want a more definite answer, we need to know what code you were convicted under.
You don't have any paperwork from the court, or a citation showing the charges?

What was your punishment, fines, community service, whipped with a wet noodle?

Was this a private attorney who told you it wouldn't be considered a criminal charge, or a public defender pushing you to take a deal?
 

keka k

Junior Member
thanks for the reply. the code on my record is hrs711-1101. I hired a private attorney and my options were to defer the disorderly conduct misdemeanor charge or plea no contest to disorderly conduct violation charge. When I checked my record it used the phrase "disorderly conduct-violation", I was initially charged with misdemeanor d.o. but in a plea deal was given the choice. I chose the no contest to the violation because I was told that way I had not been convicted of a crime. Criminal offense or Criminal conviction, i hope you can help clarify.

Thanks
 

outonbail

Senior Member
The section you were charged under is quite long. So rather than post the entire thing, I've provided you with a link to the information. Copy it and paste it into your address bar and click on go.

However they do discuss whether it is a misdemeanor or a violation. So if your attorney claims it was a violation, then I see no reason to doubt him. Hence, you have not been convicted of a misdemeanor.
But this is a code section of Hawaii law, not a municipal code.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0711/HRS_0711-1101.htm
 

keka k

Junior Member
Thanks again for the reply. I was fined 50 dollars and am sure its a violation since my attorney and record online says. Any idea what I should answer to " do you have a criminal conviction?" or "criminal offense" ?so far I have answered no to being convicted of a crime and was told by my attorney and d.a. that was true.

thanks
 

keka k

Junior Member
I found this passage and it seems that a violation is not a crime or a criminal offense, im not sure about criminal conviction? Any input,corrections?

Thanks

(5) An offense defined by this Code or by any other statute of this State constitutes a violation if it is so designated in this Code or in the law defining the offense or if no other sentence than a fine, or fine and forfeiture or other civil penalty, is authorized upon conviction or if it is defined by a statute other than this Code which provides that the offense shall not constitute a crime. A violation does not constitute a crime, and conviction of a violation shall not give rise to any civil disability based on conviction of a criminal offense.
 

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