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  1. #1
    lawkev is offline Junior Member
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    Question Violations in New York State

    What is the name of your state? New York

    I was arrested twice and in both cases I was convicted of a violation which is not a crime in New York State. However, it has come back to haunt me because people seem to think I have a criminal record. My current employer did not want to hire me at first after I submitted my court dispositions. I knew that I did not have a criminal record because the deal in both cases was for me to plead quilty, participate in a program and then I would be convicted of a violation and not a misdemeanor. So I did a background check on myself with the New York State Office of Court Administration and there were no results found i.e. I had no criminal record. I gave this to my employer and then they accepted me. However, this background check is not a certified document. The only certified document that I know I am able to get is a disposition from the court. The problem is that the disposition does not state whether the offense is a violation or misdemeanor and it accually may look like a misdemeanor on the disposition. I have applied for public housing here in New York City and they are giving me a hard time because they think I have a criminal record. I gave them a copy of the background check that I did with the state and the say they will review my case. In a month or so I'll know whether or not they will find me eligable. If they don't then I have a right for a hearing. My question is if I have to go to a hearing what can I do to prove that I don't have a criminal record. I believe I have done all that I can possibly do as an individual and I may be falling into a crack in the system.

    Thank You
  2. #2
    seniorjudge is offline Senior Member
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    Let's start from the top:

    I was arrested twice and in both cases I was convicted of a violation which is not a crime in New York State.

    What, pray tell, do you mean? If you were arrested and convicted, that means you committed a crime.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    lawkev is offline Junior Member
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    That's the problem**************...

    "What, pray tell, do you mean? If you were arrested and convicted, that means you committed a crime."

    Not in New York it does'nt.

    In New York there are infractions, violations, misdemeanors and felonies. Infractions and violations are not a crime in New York. I was convicted of a VIOLATION NOT A MISDEMEANOR OR FELONY. I hope I made myself clear. Now if anyone can help it will be greatly appreciated.

    Thank You
    Last edited by lawkev; 10-13-2007 at 05:49 PM.
  4. #4
    BL
    BL is offline Senior Member
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    Quote Originally Posted by lawkev View Post
    What is the name of your state? New York

    I was arrested twice and in both cases I was convicted of a violation which is not a crime in New York State. However, it has come back to haunt me because people seem to think I have a criminal record. My current employer did not want to hire me at first after I submitted my court dispositions. I knew that I did not have a criminal record because the deal in both cases was for me to plead quilty, participate in a program and then I would be convicted of a violation and not a misdemeanor. So I did a background check on myself with the New York State Office of Court Administration and there were no results found i.e. I had no criminal record. I gave this to my employer and then they accepted me. However, this background check is not a certified document. The only certified document that I know I am able to get is a disposition from the court. The problem is that the disposition does not state whether the offense is a violation or misdemeanor and it accually may look like a misdemeanor on the disposition. I have applied for public housing here in New York City and they are giving me a hard time because they think I have a criminal record. I gave them a copy of the background check that I did with the state and the say they will review my case. In a month or so I'll know whether or not they will find me eligable. If they don't then I have a right for a hearing. My question is if I have to go to a hearing what can I do to prove that I don't have a criminal record. I believe I have done all that I can possibly do as an individual and I may be falling into a crack in the system.

    Thank You

    New York recognizes violations and traffic infractions as offenses. Offenses that are identified as violations and traffic infractions are not crimes. Being convicted of a violation does not give the defendant a criminal record. Examples of violations include disorderly conduct and drinking alcohol in public. A jail term of up to 15 days is theoretically possible for most violations and infractions, but in the context of the New York City Criminal Court, not a likely outcome.

    I knew that I did not have a criminal record because the deal in both cases was for me to plead quilty, participate in a program and then I would be convicted of a violation and not a misdemeanor.
    Then you need to talk to the clerk of the court to see was entered .

    I have applied for public housing here in New York City and they are giving me a hard time because they think I have a criminal record.
    Public housing required you to have a background check when you applied .

    As senior pointed out , You were arrested for a crime , not a violation offense .

    When a law authority runs a background check , the check will show any Arrest , and what the outcome is/was .
  5. #5
    lawkev is offline Junior Member
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    Quote Originally Posted by Blonde Lebinese View Post
    Then you need to talk to the clerk of the court to see was entered .

    Public housing required you to have a background check when you applied .

    As senior pointed out , You were arrested for a crime , not a violation offense .

    When a law authority runs a background check , the check will show any Arrest , and what the outcome is/was .
    1. You said: "Then you need to talk to the clerk of the court to see was entered." Do you mean to see what was entered?
    2. When I go to the court house there seems to be only one service they provide for people who want case dispositions. You pay $10 and they give you a stamped document. This document states that I was arrested for a crime as you said. It does not seem to state clearly that I was convicted of a violation and not a crime but it is all in codes and I'm a layman so I don't really know what it says. All I know is that if I show it people they think I have a record.
    3. The housing authority has already found me ineligable because of the two arrests. They are just reviewing the case again because I gave them the background check I did on myself with the state and that is not even a official document. Now I'm waiting for there response. If they still find me ineligable then I have a right to a hearing. The problem is that I have no new proof to bring to the hearing.

    You say go to the court and I've done that twice and I've called.
  6. #6
    BL
    BL is offline Senior Member
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    1. You said: "Then you need to talk to the clerk of the court to see was entered." Do you mean to see what was entered?
    Yes , that is what I meant to type .

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