Legal Question in Criminal Law in New York

A Conditional discharge?

I plead guilty to a Class A Misdemeanoor of RIOT, in 1995. I completed the required community service, and never have been in trouble with the law since. Do I have a criminal record? Do I have to answer YES when asked whether or not I have been convicted of a misemeanor?


Asked on 10/10/06, 10:24 pm

2 Answers from Attorneys
James Kats James S. Kats, Esq.

Re: A Conditional discharge?

If you pled guilty, you may have a conviction. Did you plead guilty in connection with an ACD, where the charges would be dismissed after six months? Or was it a true guilty plea?

If you don't know the answer, you may have to contact your lawyer or visit the court where you pled guilty and see if you have a criminal record.

If you did actually plead guilty, that is a conviction and you do have a criminal record.

James S. Kats www.lawjsk.com

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Answered on 10/11/06, 8:34 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: A Conditional discharge?

Generally, if your plea does not involve a condition discharge you will have a criminal record, if it does involve a conditional discharge so long as those conditions are satisfied you should have no criminal record as the incident will be discharged from your record, as the term implies. However, there have been many instances where discharges were supposed to occur and did not. If you'd like to talk about this further please feel free to contact my office. 2127098303

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Answered on 10/12/06, 12:48 pm


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