Can I change my misdemeanor class A to a disorderly conduct? 2 Answers as of June 09, 2011At my previous job, I use to make up invoices to give customers refund if the system is not allowing me to do so. Usually some technicality. A legit reason. One day I gave myself a giftcard under an invoice that happen to belong to someone and did it twice waited a month and try buying stuff. A month later LP confronted me and I admitted to it in writing. I got scared because he threaten my reputation in the store. Said everyone will know why I was fired, or everyone will not know why I was fired. Also said I could go home. I was under the impression they weren't pressing charges. They had me in that room for 3hours. It's an office but it's so small they use it for storage mostly. At the end of that month, I got a phone call to surrender myself to police and got a DAT. I hired a lawyer that was able to turn the misdemeanor class A to disorderly conduct during arraignment. I clearly addressed I wanted no trial nor can I afford a fee for a trial. I'm grateful but I was wondering about certain things. When I went to the police station and arrested, how come when I asked for a lawyer they told me I had to go elsewhere? the court gave me a yellow paper and it says conditional discharge guilty to 240.20. Fee of 120.00 and 2 days community service. Originally 5days communit service and class B misdemeanor. (DAT said class A?) I wanted to know what will my record say right now to employers and colleges since I have to wait 1yr. Will it say disorderly conduct making it vague or will it list the original charge and then list it as disorderly conduct? Or will it be blank because a violation is not a crime and violations do not appear on rap sheets and will not be visible expect for police? I paid the fee and finish the community service.... can this be sealed now instead of an entire yr? I was told everything will be sealed, but I really want to apply for new work and trade school .
Theodore W. Robinson, P.C. | Theodore W. Robinson
These are questions for your attorney. However, yes,your record will usually show up the original charge and then the disposition,which, in this case, is a Disorderly Conduct, a Violation. While it should be sealed, it has been my experience that the state still doesn't seal these records for some strange reason and they wind up showing up later. Good luck.
Answer Applies to: New York
Law Offices of John Carney | John Carney
You will have a record for a Disorderly Conduct. That is not a criminal record but it is a record for a violation that future employers will be able to see. If you had a better lawyer you might have gotten an ACD dismissal unless you have a bad prior criminal record. Your first mistake was to steal. Your second mistake was to admit your crime to your employer. The third mistake was to use a public defender. You will now have to pay for your mistakes. I hope you will remain arrest free, get a good education, and become successful having learned from your mistakes. Good Luck.
Answer Applies to: New York