My question involves labor and employment law for the state of: New York
Arrested in 2000 for petit larceny misdemeanor (shoplifting). Went to court for ticket appearance, found attorney at court to represent me at appearance. Plead guilty and ordered to do a diversion program (STOPLIFT) which I completed, paid fines and charges were reduced to a violation (disorderly conduct) which is NOT a criminal conviction. Had fingerprinting/mug shot done before court appearance.
To no avail, I cannot get a hold of attorney that represented me to help answer my questions. I know - not good on his part. I've left 3 msgs at his office and I've given up on him. So here I am now.
Today, I'm needing to turn over job application ASAP and am being asked the following under CRIMINAL HISTORY:
"Have you ever been convicted of or pled guilty or "nolo contende" (no contest) before any court to:
(A) any misdemeanor
(B) any felony
(C) any other criminal offense"
My instinct says that I'm to answer YES to A only. I also know that under NY penal code (N.Y. Correct. Law 750 to 754; N.Y. Exec. Law 296(16), it is unlawful for employers to ask about any arrests or charges that didn't result in conviction, unless they're currently pending.
What's puzzling me is that on the receipt from the courthouse where the charges/court and arrest record is kept, it says handwritten, "Dis Conduct Sealed".
How am I to answer the question above on the employer application? Pls help! Need to turn in application tomorrow by EOB.