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  1. #1
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    Aug 2006
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    6

    Default New York Criminal Record and Employment Problems

    My employment was terminated after only a few days on the job because I did not reveal a conviction on the employment application. My conviction record dates back over 35 years ago, when my charges were changed to "disconduct" (Is "disconduct" an abbreviation for disorderly conduct?) and I received 1 yr conditional discharge and a small fine, according to the FBI file, which was read off to me by my employer.

    At the time of the police incident, my attorney, who is no longer around, made it sound like the charges were reduced to a traffic violation. He also said that I would not have a criminal record, which is why I answered negative on the application. I still do not know what the actual classification of the conviction is, i.e., "Misdemeanor" or "Violation" or other, and I'm waiting weeks to read the wording of the actual disposition.

    My first problem is that I cannot prove that I did not intentionally falsify the application and my second problem is that I do not know how to answer on future applications. I need to get employment quickly, so I will be grateful for any guidance or suggestions you may have. Thank you.

  2. #2
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    Sep 2005
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    Default Re: NY Criminal Record & Employment Problems

    Get a copy of your record, so you know what the disposition was. From what you write you probably were convicted of disorderly conduct.

  3. #3
    Join Date
    Aug 2006
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    6

    Default Re: NY Criminal Record & Employment Problems

    I Finally received the final disposition,which states: "Pleaded guilty to Disorderly Conduct 240.20 in full satisfaction."

    The explanation given to me by my attorney (this was around 30 years ago) was that the charges I pleaded to were similar to a traffic violation, and added that they would not remain on my record.

    Based my attorney's explanation, I answered "no" to a question about convictions on a job application. I realize now that my attorney mislead me and that I should have answered "yes" to the conviction question, especially since it would always remain on my record. Unfortunately, the company will have no choice but to look at it as though I lied on the application, and so I guess dismissal will be justified. At my age, jobs do not come easy, as it took me almost two years to get this one, so I welcome any advise you can offer.

  4. #4
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: NY Criminal Record & Employment Problems

    You can apply for a certificate of relief from disabilities, which won't remove your record but must be considered by an employer in relation to your criminal history. The certificate will also ordinarily remove any bars to your working in a particular profession, which might otherwise follow from your record. (Here's an information page from Suffolk County.)

    New York also offers a "certificate of good conduct", but since you appear to have only one conviction, assuming you otherwise qualify you would likely be better served by a "certificate of relief from disabilities".

  5. #5
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    Aug 2006
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    6

    Default Re: New York Criminal Record and Employment Problems

    Thanks for the quick reply. From the information that I posted, could you or anyone catergorize the conviction (Misdemeanor or Violation) ? If not, how does one go about finding this out?

  6. #6
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    Mar 2005
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    Default Re: New York Criminal Record and Employment Problems

    It's a violation:
    Quote Quoting 240.20 Disorderly conduct.
    A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
    1. He engages in fighting or in violent, tumultuous or threatening behavior; or
    2. He makes unreasonable noise; or
    3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or
    4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
    5. He obstructs vehicular or pedestrian traffic; or
    6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
    7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
    Disorderly conduct is a violation.

  7. #7
    Join Date
    Aug 2006
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    6

    Default Re: New York Criminal Record and Employment Problems

    Thank you. I will apply for the Cert. of Relief and selecting item, #14.C below:

    14. Application is hereby made for a grant of a Certificate of Relief from Disabilities which will
    a. relieve the holder of all forfeitures, and of all disabilities and bars to employment, excluding the right to retain
    or to be eligible for public office, by virtue of the fact that the certificate is issued at the time of sentence.
    b. relieve the holder of all disabilities and bars to employment, excluding the right to be eligible for public office.
    c. relieve the holder of the forfeitures, disabilities or bars to employment hereinafter enumerated

    Assuming my application is accepted, could you please explain how this certificate will help me, and how do I respond to the question of "ever been convicted" in the future? Also, what will a prospective employer find after a background check is made? Thank you again.

  8. #8
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    Mar 2005
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    Michigan
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    Default Re: New York Criminal Record and Employment Problems

    The certificate describes its effect,
    Quote Quoting Certificate of Relief from Disabilities
    This certificate is issued to the holder to grant relief from all or certain enumerated disabilities, forfeitures, or bars to his employment automatically imposed by law by reason of his conviction of the crime or of the offense specified herein

  9. #9
    Join Date
    Aug 2006
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    6

    Default Re: New York Criminal Record and Employment Problems

    I guess the answer to my question about how to respond to the question about conviction on an employment application is that I would answer affirmative just as before the certificate.

    If that's the case, would I have to carry the certificate around to show a prospective employer or does the employer see something on record during the background check?

  10. #10
    Join Date
    Jan 2007
    Posts
    1

    Default Re: New York Criminal Record and Employment Problems

    As aaron replied in a direct quote from the law, this certificate of relief from civil disabilities will only lift any bars to employment that have been set by law, such as employment in police officer/civil service jobs. Private employers don't have said laws and therefore use their own discretion. This effectively makes this certificate worthless to private employers and to yourself.

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