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  1. #1
    Join Date
    Aug 2017
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    13

    Default Is a Conviction for a Violation a Criminal Conviction in New York State

    My question involves criminal records for the state of: NY

    Have you ever been convicted of a crime excluding minor traffic violations?

    I was convicted of a violation (disorderly conduct)

  2. #2
    Join Date
    Mar 2013
    Posts
    17,780

    Default Re: How Would I Answer This

    Disorderly conduct is not a traffic violation (minor or otherwise).

    Your answer is:

    "Yes, I was convicted of a violation (disorderly conduct)."

  3. #3
    Join Date
    Jan 2010
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    New Jersey
    Posts
    3,658

    Default Re: How Would I Answer This

    It is better to tell then be denied because you excluded it on the application.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  4. #4
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    Sep 2005
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    Violations are classified as petty offenses in New York, and a conviction for a violation is not a criminal conviction. See the definitions of "crime" and "violation in Sec. 10 of the penal code.

  5. #5
    Join Date
    Oct 2016
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    1,124

    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    Quote Quoting Mr. Knowitall
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    Violations are classified as petty offenses in New York, and a conviction for a violation is not a criminal conviction. See the definitions of "crime" and "violation in Sec. 10 of the penal code.
    A violation is not a crime but a Penal Law violation is a criminal violation and will certainly appear on a criminal history.

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

    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.

  7. #7
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    Oct 2016
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    Quote Quoting Mr. Knowitall
    View Post
    A violation is not a misdemeanor or felony, and is thus not a crime.
    Which is what I said. However, a Penal LAW violation will end up on a criminal history.

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

    A New York Statewide criminal history record search (CHRS) will not produce records of non-criminal offenses, meaning it will not include infractions or violations. I'm not sure what "criminal history" you intend to reference with your statements.

  9. #9
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    Oct 2016
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    When I run a criminal history on someone violations DO show up - both in the original charges and in dispositions.

    Penal Law violations such as Disorderly Conduct, Harassment, Trespass, etc. are criminal in nature - just not crimes. They will show up in a criminal history.

  10. #10
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    Default Re: Is a Conviction for a Violation a Criminal Conviction in New York State

    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.
    Quote Quoting New York State Courts, Introduction to the CHRS
    The report does not include case dispositions for ‘non-criminal offenses’ (e.g., Violations, Infractions).

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