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  1. #1
    Join Date
    Jun 2013
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    1

    Default When Do I Have to Disclose My Driving Record to an Employer

    My question involves a traffic ticket from the state of: New York. I was issued a traffic citation for failing to stop at a stop sign in violation of New York Vehicle and Traffic Law § 1172. Given that this is the first traffic citation I have ever received, I will plead guilty, and ask for a reduced fine and/or points on my insurance. I am currently applying for a job, and one of the questions asks: "Do you have any criminal charges pending against you?" Would a traffic citation issued in violation of NY VTL § 1172 mandate an affirmative response to this question?

    Thank you all in advance for your help.

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: New York Vtl §1172(A) and Job Application

    According to § 155, the definition of "traffic infraction" is:

    Quote Quoting VAT § 155
    § 155. Traffic infraction. The violation of any provision of this chapter, except articles forty-seven and forty-eight, or of any law, ordinance, order, rule or regulation regulating traffic which is not declared by this chapter or other law of this state to be a misdemeanor or a felony.[/font]
    Since § 1172 does NOT indicate that a violation of that statute constitutes a misdemeanor or a felony, you do NOT have to report it as a "criminal charge" against you -- at least that's how I see it.

    Barry

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: When Do I Have to Disclose My Driving Record to an Employer

    I agree.

    It's not a criminal charge.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: When Do I Have to Disclose My Driving Record to an Employer

    And the personal opinion of a long-time HR person, unless you are applying for a job that requires that you drive as a part of your job duties, your employer doesn't really care about traffic infractions.

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