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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Default Unknown Felony Conviction in New York

    I was recently told by the CT department of

    corrections that my application for a security

    clearance was denied. When I inquired why I was

    told because I have a Felony Conviction. I told

    her that must be a mistake.
    She confirmed that I was convicted of first

    degree theft and pleaded guilty, Back in 1980.

    I was drinking at the time and was involved in

    an incident in a deli back then where there was

    10 dollars on the counter and the man behind

    the counter took the money and put it in his

    shirt pocket. I told him the money was mine and

    went to grab it and he punched me in the face.

    He continued to hit me until I fell to the

    floor then he put his foot on my neck. Then the

    Police came and put me in jail for the night.

    The next morning I went before the judge and he

    said I looked liked I had enough punishment and

    they let me go. That does not sound like a

    Felony conviction to me and I never had any

    defense. I am upset by this and wondering if

    anything can be done to correct this???
    I did a crimminal check for New York and it

    came up with none?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Unknown Felony Conviction in New York

    If you entered a guilty plea to a charge when you were taken before the court, even if the judge didn't impose an additional sentence, that would result in a criminal record.

    If you are sure that's the incident at issue, investigate with the court to see what the disposition of the case was supposed to be. Given that this happened in 1980, the court file may be archived so I suggest calling the court clerk in advance to see about ordering a copy or to learn how long it would take them to have it available for inspection at the courthouse.

    There may also be an error in how that charge was abstracted to the state, or an error in the database used for the background check.

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