Legal Question in Criminal Law in New York
Disorderly Conduct
I was arrested for public lewd last year and my lawyer got the charges down to disorderly conduct 240.20 to which I plead guilty. I received a Conditional Discharge of 1yr and a $100 fine. At the time, my lawyer informed me that disorderly conduct is a violation and NOT a crime and that it would not appear on my record. I just requested and received a Certificate of Disposition that indicates my arrest and conviction for 240.20. Wasn't it NOT supposed to appear as a criminal record? Can I have this removed or sealed? Does this mean that, in the future, when I apply for employement I have to say I was convicted?
2 Answers from Attorneys
Re: Disorderly Conduct
The dispo certificate you obtained was only accessible to you or your attorney --- it's not a "public" record. Your record was sealed.
for more info: [email protected] or call 718-273-6229
Re: Disorderly Conduct
Disorderly conduct is a misdemeanor crime and it does create a criminal record. If asked whether you've been convicted of a crime you must answer in the affirmative. If you stay out of trouble for three years, however, you may apply to the court for a certificate removing civil disabilities that will restore some of your civil rights. This certificate will not serve to seal or expunge the conviction.
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