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  1. #1

    Default Denied a Government Job Due to a Disorderly Conduct Conviction

    My question involves a background check in the State of: New York

    Hi, first post here....spent the last two hours reading through old threads and found some great information.

    Anyway, here's my story and current situation....just looking for some clarity/advice here...

    Around three years ago I was arrested and charged with a 220.06-5 (Criminal Possession of a Controlled Substance 5th Degree/Felony Class D), and more specifically (5) Cocaine weighing >500mg. After the results came back from the lab, the weight was found to be <500mg and the charge became a 220.03 (Criminal Possession of a Controlled Substance 7th Degree/Misdemeanor Class A).....however since I had already been through 2 months of a rehab program designed for Felony offenders the court that received the Misdemeanor charge elected to knock it down to a 240.20-7 (Disorderly Conduct/Violation) and cut me loose with a small fine.

    My lawyer told me this is something that should never effect any prospective employment opportunities and that I would never have to answer that I had been convicted of a crime/etc. on a job application. I was absolutely thrilled after having initially faced a serious Felony charge. I don't know if the record was "sealed", as it wasn't something I was aware of at the time.

    Fast forward to earlier this year. I applied for a temp job at the US Census Bureau. Perfect score on the test, checked off that I had never been convicted of a crime. A few weeks later I get a response back in the mail that their background check revealed a criminal arrest record and I was being denied unless I could provide supporting documentation that their records were in error. I found the copy of my 180.50 Reduction Form given to me by the court three years earlier which reads as follows:

    The Court is satisfied that for each felony offense, there is a reasonable cause to believe that the defendant committed an offense other than a felony and for each felony offense: Although, there is reasonable cause to believe that the defendant committed a felony in addition to the non-felony offense, the Court is satisfied that a reduction of the felony offense is in the interest of justice and the District Attorney consents to the reduction.

    The Court shall convert felony complaint or copy thereof through notations to a misdemeanor complaint. Upon the filing of the information, prosecutor's information or misdemeanor complaint the felony charge of: 220.06-5 is reduced to a non-felony charge of 220.03--------->240.20-7 and the felony complaint is dismissed.


    And mailed it along with receipts for fines paid to the Census Bureau. A few weeks later I got another letter stating that I was being denied for employment because of my previous criminal record. I forget the exact wording....wish I had hung onto it.

    What gives??? I'm not really that worried about missing out on this job, but this is sounding like something that could really screw me down the road. My understanding is that a "Violation" in New York does not constitute a crime, and as such I should not have a criminal record. I have no other arrests/offenses/DWIs/etc. not even any outstanding traffic tickets.

    What am I missing?

  2. #2
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    Default Re: Denied a Government Job Due to a Disorderly Conduct Conviction

    Are you stating that you were convicted of Penal Code Section 220.03, a misdemeanor, and Section 240.20(7), a violation?

  3. #3

    Default Re: Denied a Government Job Due to a Disorderly Conduct Conviction

    No, although the way the paperwork is worded it definitely appears that way.

    I was convicted of the 240.20(7) violation, there is some kind of notation between that number and the 220.03 (a "C" with a strike through it?)

    Once the weight came back <500mg, I was automatically transferred out of the felony court. The part that received what was now a misdemeanor charge was satisfied that I had already completed 2 months of a drug counseling program designed for felony offenders and elected to reduce the charge to the Disorderly Conduct violation. I paid a fine and that was that. Those were nearly the exact words my lawyer told me, I actually questioned him about the wording on that piece of paper and he said not to worry about it, this is equivalent to something like a "release form" and the court will have further records on file.

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