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Very simple...go to the courthouse it was adjudicated at and at the cashier window ask for a "Certificate of Disposition". Mine cost $10. Shows that my ticket was dismissed.
Unless you were charged, an arrest is just an arrest to make you face charges. It does not mean you're guilty of any crime unless proven in a court of law. Job applications will ask you if you have been arrested and charged and found guilty of a crime. There are people that been arrested for unpaid parking tickets.
Unless you were charged, an arrest is just an arrest to make you face charges. It does not mean you're guilty of any crime unless proven in a court of law. Job applications will ask you if you have been arrested and charged and found guilty of a crime. There are people that been arrested for unpaid parking tickets.
The key is how the charge was dismissed. Was it an out right dismissal or negotiated dismissal such as an ACD. ACDs are tricky because certain professions may hold it against you. And background checks for certain industries will see cases that are "sealed". For example say the poster was drunk right outside the bar and got into a fight with the bouncer. He/she would be charged with assault in addition to public intoxication . For minor or first/second time offenders the DA may drop the assault charge out right and agree to drop the public intoxication on the condition that the defendant stays out of trouble for a few months. A few months later the charges are dropped and sealed from regular background checks.
Five years later this guy then applies to the FBI and guess what they'll see. They'll see that this guy was guilty for assault and public intoxication. Why? Because it is understood that conditional dismissals occur usually because the defendant is actually guilty, but the DAs almost always give people a break. If there were any doubts on whether the person was guilty for a minor offense to begin with the charges would have been dropped outright without an ACD because they wouldnt want to waste their time persuig it. So the lesson is to always consult with a lawyer whenever you get your prints taken unless it's truthfully a minor offence, I.e traffic related. But most people tend to leave out the details when they look for advice on public forums. And let's face it people don't usually get arrested for public intoxication without other acts of criminality.
Last edited by bumblebyz; 02-08-2016 at 10:21 AM..
Gee in Texas if you were never convicted or put on probation; you are entitled to an Expunction ( Article 55 of the Texas Code of Criminal Procedure) and all state and local agencies have to give up what they have.
Gee in Texas if you were never convicted or put on probation; you are entitled to an Expunction ( Article 55 of the Texas Code of Criminal Procedure) and all state and local agencies have to give up what they have.
No NY Attorneys here?
New York State has no sort of expunction laws. Best one can hope for is a pardon from the governor.
Expunctions depending upon circumstances aren't always the end of someone's criminal past record. Depending upon the situation and whom is looking even expunged records can be requested.
Then you have to consider just because records are expunged or whatever doesn't automatically remove any bad taste in someone's mouth about a person's criminal past.
Notice today the news and other media often refer to someone's prior arrest record first, then convictions if any. Some people right or wrong just do not want anything to do with anyone who has been in trouble with the law regardless of out come.
The key is how the charge was dismissed. Was it an out right dismissal or negotiated dismissal such as an ACD. ACDs are tricky because certain professions may hold it against you. And background checks for certain industries will see cases that are "sealed". For example say the poster was drunk right outside the bar and got into a fight with the bouncer. He/she would be charged with assault in addition to public intoxication . For minor or first/second time offenders the DA may drop the assault charge out right and agree to drop the public intoxication on the condition that the defendant stays out of trouble for a few months. A few months later the charges are dropped and sealed from regular background checks.
Five years later this guy then applies to the FBI and guess what they'll see. They'll see that this guy was guilty for assault and public intoxication. Why? Because it is understood that conditional dismissals occur usually because the defendant is actually guilty, but the DAs almost always give people a break. If there were any doubts on whether the person was guilty for a minor offense to begin with the charges would have been dropped outright without an ACD because they wouldnt want to waste their time persuig it. So the lesson is to always consult with a lawyer whenever you get your prints taken unless it's truthfully a minor offence, I.e traffic related. But most people tend to leave out the details when they look for advice on public forums. And let's face it people don't usually get arrested for public intoxication without other acts of criminality.
Anyone who knows anything about the NYC and or NYS criminal justice system knows most everything is pleaded down at least one level. Thus when fessing up to a criminal conviction the likely next questions are about the "underlying charges". That is were you arrested for prostitution but pleaded guilty to disorderly conduct?
Police make arrests. District attorneys prosecute and it is that office who decides what to do based upon evidence presented.
New York's criminal courts would grind to a halt if every arrest/case was tried. So to speed things up tons of plea bargaining goes on. It is sad because many persons accept plea deals who either aren't guilty of any crime and or not being made aware of the consequences (criminal record). While disorderly conduct is an offense in NYS elsewhere and or for other purposes it is a low level crime and or considered "moral turpitude". Either way it can spell trouble.
All this impacts the poor, minorities and or anyone else who cannot afford a good private mouthpiece. Legal Aid is like playing the lottery. Sometimes you get someone great, others (and most likely) will be an overworked attorney who just got your file several minutes before you appear before a judge.
No such charge for 'public intoxication' due to alcohol consumption in NY. There is a provision for being under the influence of narcotics in the NY Penal Law but I SERIOUSLY doubt you were arrested under that charge.
New York State has no sort of expunction laws. Best one can hope for is a pardon from the governor.
Expunctions depending upon circumstances aren't always the end of someone's criminal past record. Depending upon the situation and whom is looking even expunged records can be requested.
Then you have to consider just because records are expunged or whatever doesn't automatically remove any bad taste in someone's mouth about a person's criminal past.
Notice today the news and other media often refer to someone's prior arrest record first, then convictions if any. Some people right or wrong just do not want anything to do with anyone who has been in trouble with the law regardless of out come.
-- SAD for New York. In Texas use of a criminal record which has been expunged is punishable by 6 months in jail , a large fine and an unlimited civil action.
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