With no prior or arrests and a clean record, does pleading guilty to disorderly conduct give you a criminal record? Or is it just a "violation" as some people say? If it is in fact not a conviction of a crime , why do employers deny you employment because of it ?
Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
Disorderly conduct is a violation NOT a crime. Any persons that say otherwise does not understand the law in New York. Only misdemeanors and felonies are crimes. If you plead guilty to disorderly conduct and are asked if you have been convicted of a crime, the answer is NO. A disorderly conduct charge seals after one year unless a stay of sealing is part of the plea bargain. It will not be visible to most employers after it is sealed. I'm not sure where you got your information that employers deny you employment because of it but I don't think an employer would ever state that as the reason for denying employment and risk being sued.
I am not licensed in New York, but yes, pleading guilty to such a charge does impose a criminal record for you. Why each employer may deny employment based on this is tough to answer, but generally speaking, it suggests you have difficulty obeying rules or behaving in a responsible and mature manner, which no employer wants in an employee. Good luck to you.
It is a violation, not a crime, but it is still a smudge on your personal history. An employer may look at it just as they look at stupid photos on a Facebook page. An example of immaturity.
A disorderly conduct in New York is not a crime. It does not give you a criminal record. However, if an employer sees the disorderly conduct may consider that in whether to hire you or not.
Good Luck-
Disorderly conduct is a violation and not a crime, so it does not give you a criminal record. However, employers may still be able to hold it against you if they find out about it.
Lawrence H. SchoenbachCriminal Defense AttorneyNew York, NY ·
It would seem that your lawyer gave you proper advice and you did not believe him//her or simply want confirmation of what you were told.
A violation is not a crime. Only felonies and misdemeanors are crimes and if convicted of either, you would have a permanent criminal record. Disorderly conduct is a violation and this, not a crime. There is no criminal record and, if ever asked if you have ever been convicted of a crime you could honestly -- and truthfully -- answer no.
Also. Because Disorderly conduct is not a crime the records are usually sealed (by operation of law unless the judge orders otherwise). There is no public record. Only you, your attorney and law enforcement have access to that record. The public, including potential employers, can never get the record. As such, the only way an employer would know of your case and its disposition is if you told him/her. If so, what the employer does with that information is entirely within the employer's discretion.
