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  1. #1
    Join Date
    Jun 2008
    Posts
    2

    Default Conditional Discharge Of Violation For Harassment

    My question involves criminal law for the state of: NY - OH

    In 1993 I was got into an altercation with another girl. She filed charges against me. I was charged with Class A misdemenor Harassment. Although I was not arrested and went voluntarity to the police to be fingerprinted, I am told this consitutes an "arrest".

    Anyhow...I went to court and plead "No Contest". The charge was lowered to a violation and I was given "Conditional Discharge" for 1yr and pain a fine, and it was not supposed to show on my record.

    I am currently applying for a state license for Insurance in OH and I am unsure how to answer the question on the application:

    1. Have you ever been convicted of a crime, had a judgment withheld or deferred, or are you currently charged with committing a crime?
    “Crime” includes a misdemeanor, felony or a military offense. You may exclude misdemeanor traffic citations or convictions involving driving under the influence (DUI) or driving while intoxicated (DWI), driving without a license, reckless driving, or driving with a suspended or revoked license and juvenile offenses. “Convicted” includes, but is not limited to, having been found guilty by verdict of a judge or jury, having entered a plea of guilty or nolo contendre, or having been given probation, a suspended sentence or a fine.


    I called NY Clerk of Courts and was told that this is a violation and NOT a crime and that the records are "partially sealed".

    Can anyone PLEASE tell me how to answer this question and others like it going forward? Also, what does a partial seal mean? Am I eligible to get my insurance license with this? What about a teacher license?

    I am very confused about the difference between the charges and sentences etc.

    Thanks so much for your help!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,652

    Default Re: Conditional Discharge Of Violation For Harassment

    Did you enter a guilty plea to a Class B misdemeanor, reduced after you completed probation, or did you enter a guilty plea to a violation? There's a big difference - as you weer told, a violation is classified as an offense, not as a crime.

  3. #3
    Join Date
    Jun 2008
    Posts
    2

    Default Re: Conditional Discharge Of Violation For Harassment

    I plead no contest to the misdemeanor and I believe the judge lowered the charge to a violation and I was found guilty...although I never actually plead on the lower charge (that I remember anyhow)

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