Legal Question in Criminal Law in New York

Help classifying my situation

I was charged with harassment (a violation I'm told) roughly 2 years ago. The charges were outright dismissed at an arraignment. I was never taken to a police station, fingerprinted etc. I've just been accepted to medical school and they require that a background check be done. They require that you reveal criminal records to them and state:

Any inaccurate fraudulent, or misleading information or omission that is discovered through the background check will be cause for the rescission of any offer of admission, or for discipline, dismissal or revocation of degree if discovered at a later date....All information must be completely and accurately provided

I want to make sure that I'm not omitting the fact that this happened but don't want to reveal it if I don't have to. Do I have a criminal record and what if anything do I have to tell the school? I called up the court where I appeared and asked what was in their records and they said they have that I was arrested (because I was given an appearance ticket but never taken to a police station etc) and that the charges were dismissed. Does this incident show up on a background check? If I don't tell them and it does will I get kicked out before I start?

Help!


Asked on 6/23/04, 11:53 am

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Help classifying my situation

Tell the appropriate inquirers just what you indicated that you were arrested and the charges were subsequently dismissed.An arrest is merely an acccusal not a determination and therefore should have no effect on your future endeavors. Good luck.

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Answered on 6/23/04, 12:48 pm
Barry Black Law Offices of Barry Black

Re: Help classifying my situation

You were never arrested, only given a desk appearance ticket, so I would NOT tell them that I was arrested. In fact, I would not mention this incident at all.

In addition, if you were charged with Penal Law �240.26, harassment in the second degree, it is a VIOLATION and NOT A CRIME. Therefore, you were never charged with a crime, and have no criminal record whatsoever. I'd forget about it -- it's not much different from having received a speeding ticket. Would you mention that to your med school?

Congratulations and good luck in med school!!!

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Answered on 6/23/04, 1:37 pm


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