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(Applying for a job) So i got arrested for weed...?

Criminal Law Discussion Forum

(Applying for a job) So i got arrested for weed...?

Postby adamka » Sun Jun 24, 2012 6:02 pm

So in February I got arrested for weed, I was at the prescient for a bit, at the end of the day, they let me go and gave me my court-date paper thing. Court date comes a month later, I go, judge says "Just stay out of trouble for a year and then it'll be wiped off your record". So here I am now applying for a job for Rite Aid and the application says...

"New York Applicants: You may answer “no record” concerning any criminal proceeding that terminated in your favor, per section 160.50
of the New York Criminal Procedure Law; any criminal proceeding that terminated in a “youthful offender adjudication,” as defined in section
720.35 of the New York Criminal Procedure Law; and any conviction for a “violation” that already has been sealed by the court, per section
160.55 of the New York Criminal Procedure Law."

"HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR WHICH HAS NOT SINCE BEEN PLACED UNDER SEAL OR
EXPUNGED? ? YES ? NO IF YES, PLEASE EXPLAIN THE NATURE OF THE CRIME(S) AND THE DATE(S) OF THE CONVICTION(S)."

I don't really know the printed details of my situation in terms of what's actually on my record about me, I basically just know what I told you here, so do I put yes, and if so how would I go about answer it?
adamka
 
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(Applying for a job) So i got arrested for weed...?

Postby luther » Sun Jun 24, 2012 6:16 pm

Answer is yes and then put info about what happened.
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(Applying for a job) So i got arrested for weed...?

Postby archy » Sun Jun 24, 2012 6:22 pm

it has no been a year so you would have to put yes
archy
 
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(Applying for a job) So i got arrested for weed...?

Postby nemausus36 » Sun Jun 24, 2012 6:28 pm

In a year you can so no. Right now you say yes.
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(Applying for a job) So i got arrested for weed...?

Postby nicolas » Sun Jun 24, 2012 6:30 pm

I'm a lawyer, and your description is really not complete, but based on what you say I disagree with what everyone else has said. It appears that Rite Aid's question is narrowly focused on actual convictions, nothing more. Your description of the court proceeding suggests you were not convicted of anything. If you were, it would take many court appearances, appointment of a public defender (or your own lawyer), and either a formal trial or a guilty plea after a lenghty colloquy withe judge.

What appears to have happened, as is common for minor offenses, is that you were offered (and accepted) an informal diversion program at your first court appearance. If it is successfully completed, you will never be charged. If you mess up, the charges will be pursued and you will have to either plea guilty or go to trial.

Now the real issue is what does Rite Aid want you to disclose. Unless you are not telling everything, its pretty clear they only want convictions (and will even exempt old and "sealed" ones, at that). They don't want your arrest record. They only want you to disclose the stuff you pled guilty to or were found guilty after a trial.

-- as an aside, it's really stupid for Yahoo to create incentives/"points" for people to post advice. Doing so solicits trolling and bad replies from people who want to earn points.
nicolas
 
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