Will disorderly conduct show up on my record/background check?

[bhsieh]

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

I got a ticket for disorderly conduct Sec 240.20 Sub 7 "He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose" for resisting three bouncers who were kicking me out of a club.

I wasn't arrested but I have to appear in court next month. I've never gotten written up for anything, so I wanted to ask you guys:

Is there anything I can do to prevent this from going on my record, especially when potential employers are running background checks?
If I pay the fine (have no idea what the amount is), do I have to appear in court? Will it show up as a conviction?
If I appear in court, what will my sentence be?

Thanks in advance!

 

[You Are Guilty]

My crystal balls are out getting shined today, so here are some random guesses.

Is there anything I can do to prevent this from going on my record, especially when potential employers are running background checks?

Get a job before you go to court. Get a job that doesn't require background checks. Get a job that does crappy background checks. Get a job outside NYS. (I'm sure there are others, but these are the first few I thought of).

If I pay the fine (have no idea what the amount is), do I have to appear in court? Will it show up as a conviction?

I think this one depends on which court you got sent to. But two things to keep in mind: 1) you can't cut a deal if you plead guilty and pay the fine by mail, 2) you will never be found not guilty if you pay by mail, whereas at least you'll have some chance if you appear in person.

If I appear in court, what will my sentence be?

If its not dismissed (i.e. you are found not guilty), could be anything from a fine (>$250 with court costs, usually), probation, or an ACD. I'd give good money that if you dress nicely and act politely, your request for an ACD would be granted in a heartbeat. If you need more information on what it is, google (or search here) for "Adjournment in Contemplation of Dismissal".

Good luck.

 

[bhsieh]

Hey man I really appreciate the response and I know that I asked a lot of questions all at once. I'm glad you told me about ACD, because I had no idea such a thing existed. Looks like I'll definitely have to show up in court. So I should plead Not Guilty and ask for an ACD? Or should I ask for it to be outright dismissed? I've never been to court... are they going to grill me and/or ask me to testify under oath?

I feel like dismissal or ACD are the two most favorable outcomes. I had a spotless record up until now and I've been working full-time for two years as a management consultant. I'll definitely take your advice and put on a nice suit and tie and act politely.

Thanks again. Any additional thoughts are welcome.

 

[BL]

You asked if found guilty would it show on your record .

Yes.

Even with an unconditional discharge .

 

[cbg]

FYI what will and will not show on any given background check depends entirely on what information is requested and how deep/thorough a check is done. Background checks do not come in a one-size-fits-all. There are as many answers to your question as there are background checks.

 

[You Are Guilty]

I would ask for an outright dismissal. The worst that can happen is they say No, right? Plus, it gives you leverage to negotiate an ACD. It would be unusual for you to have to testify, but if you're worried about the process, head over to the courthouse on your citation one day and just sit and watch the proceedings for an hour. You're almost guaranteed to see other DisCons and how the court is liable to handle them.

And if it makes you feel any better, I know people who have outright plead guilty to DisCon and are now licensed physicians and attorneys, so it's not like it will scar you forever. (Although if you decide to go into law enforcement, you may have some 'splainin to do).