Hello and good afternoon. In 1996 I Was charged with a class B misdemeanor but pled guilty to a violation in NY, which is a non-criminal offense. I had a conditional discharge, paid a $50 fine and in a year the case was "partially sealed"(fingerprints with NY sealed and FBI expunged, DA and police records sealed) but the court record is open due to the guilty plea.

In NY, a violation is a non-criminal offense and is not a fingerprintable offense. On the state level, A violation conviction is subject to the same sealing provisions as an arrest that led to a dismissal, ACD or acquittal because criminal action was terminated

My concern is how to answer certain job/licensing application questions. I assume I can answer "no" to questions that ask "have you ever been convicted of a crime". I would have to answer "yes' to questions like "have you ever been convicted of any violation of any law regulation or ordinance" or "have you ever entered a guilty plea in any court"?.

However how do i answer a question that asks "have you ever been convicted of any criminal offense(except for minor traffic violations).

A violation in NY state is more than a civil infraction such as an open container and more than a speeding ticket, but it's less than a misdemeanor It's an offense on the NY state penal code that's listed as a violation, not a misdemeanor or felony

Any ideas?

Hello rl:

So, the question you really want answered is can they find out about your conviction/non-conviction. In my view, they can - if they want to - I don't care if it's sealed/expunged or thrown away.

If you say no, will they find out? If you say yes, will you get the job? I don't know. I'll leave the hair splitting to you.

excon

What is a Class D felony?

A D felony is less serious than a C, B or A felony. In NY a second DWI offense(first DWI offense is a class A misdemeanor in NY) in a 5 year period is a class E felony