ERAS and arrest question

Started by CaptainAZ
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yes please talk to your lawyer. another 200 bucks is nothing in the long run.

pls do not ask issues like this on sdn. sdners cant back u if there are repercussions. your lawyers license is on the line if he/she misguides u
 
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Lawyer lawyer lawyer. If it shows up in a routine Internet search on you (or background check) I think you should probably consider disclosing, but someone who actually understands the law would be better here.
 
I've spoken to my lawyer and he believes that I can apply and simply say no to that question. Background check will probably show the arrest but it will also show the non-criminal conviction. They may have questions regarding it but I will answer it honestly and refer them to my attorney if need be. If there was a question asking if I had ever been arrested or received a violation (which PTAL does), I would answer honestly but that does not seem to be the case on regular ERAS.
 
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Sea_Bass said:
A disorderly conduct conviction is a criminal conviction. You committed a crime and you were convicted of it. It was most likely a misdemeanor, but a crime nonetheless. I don't know why you think you'd be absolved from answering "yes" to the misdemeanor question. And what exactly do you mean by a violation being "sealed"???



A subjective question like this is open to interpretation. I'd answer "no" to this one, especially since you seem to be pretty good at politician speak as evidenced by your previous paragraph. If ever put on the spot, you might be able to defend your position for answering "no."
Click to expand...

Politician speak? Oh, please.
First of all. It was not a crime.. it was a violation. The violation will be sealed after a year, meaning there will be no record of the case in background checks after a year. I did not commit a crime, and I was never convicted of it. You clearly do not understand legal lingo, so please refrain from implying that I was misconstruing my situation. It was a very unfortunate situation that brought me and my family a lot of stress, but thanks to witnesses, I was offered a non-criminal solution. However, I can see where you were confused. Disorderly conduct is a crime in some states, but not in mine (NY).

These will explain it for you: http://www.newyorkcriminallawyer-blog.com/2009/02/ny-penal-law-24020-disorderly.html.
https://www.avvo.com/legal-answers/is-disorderly-conduct--240-20--a-crime---i-have-pl-1601128.html

Thank you everyone for your advice. Of course I will remain paranoid, but hopefully everything works out.
 
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You don't need to convince us, only yourself and the programs you are applying to. Just be sure you don't lie or mislead programs or anyone else - that's a great way to get your contract terminated, even for a "ticket"
 
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