Legal Question in Criminal Law in New York

Aggravated Harassment

I was issued summons for Aggravated Harassment over the phone.

My tenants(boyfriend/girlfriend) never paid me for 4 months and left the house. I won the small claims against her (she was only on the lease). They moved elsewhere in the same town and the guy wouldn't let me talk to her and curse me over the phone. He provoked me to say to him ''If you don't pay me the money you owe me, I am going to Kick your ass''. Little did I know he had me set up and it was being recorded. Anyway, I was issued summons to appear in the court (never physically arrested). Upon appearing in the court I entered the plea of Not guilty. This guy told DA's office that he had a tape. He was asked to bring it in next hearing. He never showed up and I got an ACOD. Now does it go on my record that I was arrested or summons were issued. I am looking for jobs and almost every employer application asks that question ''If you ever have been arrested''. What should be my answer? If this does go on my record as an ''Arrest'' then for how long does it stay on my record? Can I somehow have it cleaned?

Please do answer. I would be grateful.


Asked on 4/24/05, 9:02 am

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

Re: Aggravated Harassment

The most truthful answer is that you once received a summons but you never were convicted of a crime.If you were fingerprinted then the summons was issued in lieu of arrest, if you were never fingerprinted then you were actually never arrested but merely summoned.

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Answered on 4/24/05, 11:12 am


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