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  1. #11
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    Quote Quoting Mr. Knowitall
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    Under the Penal Code, as linked above, "'Crime' means a misdemeanor or a felony". A violation is not a misdemeanor or felony, and is thus not a crime.
    The verbiage of the question suggests they are not concerning themselves with the technical definition of a crime but are speaking to anything the typical reader would consider a crime. Otherwise they would have no reason to exclude with such specificity minor traffic violations.

    Maybe if the op would put the question in context it would help him recieve a more applicable response. I realize the title of the thread suggests your explanation may apply but the question itself suggests otherwise. If this is for something such as an application to enter the military or most any security clearance, the technical definition of a crime in New York would be irrelevent.

  2. #12
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    Any arrest will show up on an NCIC report regardless of disposition. While these violations may not be criminal, they (at least some, such as disorderly conduct) are arrestable.

  3. #13
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    Quote Quoting asa_jim
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    Any arrest will show up on an NCIC report regardless of disposition. While these violations may not be criminal, they (at least some, such as disorderly conduct) are arrestable.
    That’s true but depending on why the question is asked, the answer could be a legitimate no if it is dealing with actual New York law but if it is for something where New York’s technical definition isn’t germane, the answer may be yes.

    Sometimes its not even the answer itself that matters (within some limits) but whether the respondent is truthful. Without context it’s impossible to say which is appropriate in the op’s case.

  4. #14
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    Quote Quoting Mr. Knowitall
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    I can't speak for whatever it is that you're 'running', but if you believe that violations show up in a statewide CHRS, you are simply wrong. They do not.
    So I guess I'm imagining it then.

    I run criminal histories on defendants through the E-Justice Integrated Justice Portal which is a product of the New York State Division of Criminal Justice Services. It is how criminal justice agencies in New York State check criminal histories and do all sorts of other cool stuff.

    Again, I have seen charges as well as dispositions which show criminal violations such as Disorderly Conduct and Harassment in checked criminal histories as well as in fingerprint raps that come back after fingerprinting.

  5. #15
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    Quote Quoting Highwayman
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    So I guess I'm imagining it then.

    I run criminal histories on defendants through the E-Justice Integrated Justice Portal which is a product of the New York State Division of Criminal Justice Services. It is how criminal justice agencies in New York State check criminal histories and do all sorts of other cool stuff.

    Again, I have seen charges as well as dispositions which show criminal violations such as Disorderly Conduct and Harassment in checked criminal histories as well as in fingerprint raps that come back after fingerprinting.

    Tbis is from the link K provided;


    • The report does not include case dispositions for ‘non-criminal offenses’ (e.g., Violations, Infractions).

    Might it be that as a cop you are being given information that is not available to the general public through the CHRS?

  6. #16
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    Quote Quoting jk
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    Might it be that as a cop you are being given information that is not available to the general public through the CHRS?
    Possible.

    All I can say with certainty is that I have seen plenty of instances of dispositions in criminal histories that are violations, traffic infractions, as well as the generic "local law violations".

  7. #17
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    Quote Quoting jk
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    Might it be that as a cop you are being given information that is not available to the general public through the CHRS?
    I thought only the prosecutors or DA's could see sealed records?
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  8. #18
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    Quote Quoting Who'sThatGuy
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    I thought only the prosecutors or DA's could see sealed records?
    Not talking aboit sealed records. In New York they have violations and infractions. Per their statutes neither is considered a criminal conviction. Me K posted s link that states non criminal violations are not available through their CHRS system (a database). Highway says he sees violations and such when he looks up a person on CHRS. We were just trying to figure out why the New York site said those violations are not available on CHRS while highway sees them. My only suggestion is that looking them up as a cop may allow him to see things the typical person doesn’t.

    We came to a conclusion of; eh, maybe.

  9. #19
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    Quote Quoting jk
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    Not talking aboit sealed records. In New York they have violations and infractions. Per their statutes neither is considered a criminal conviction. Me K posted s link that states non criminal violations are not available through their CHRS system (a database). Highway says he sees violations and such when he looks up a person on CHRS. We were just trying to figure out why the New York site said those violations are not available on CHRS while highway sees them. My only suggestion is that looking them up as a cop may allow him to see things the typical person doesn’t.

    We came to a conclusion of; eh, maybe.
    Got-ya. I've been caught up on to many threads...
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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