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College application asks-Have you ever been convicted of a criminal offense?

Alfred, NY |

Have you ever been convicted of a criminal offense (including in juvenile court) other than a minor traffic violation, or are there criminal charges pending against you at this time?

I plead guilty to a possession of marijuana violation in NY state 7 years ago and on job and college applications I'm not quite sure what to say. Often its phrased in a way that I feel comfortable not mentioning it. But when "traffic" is used honesty constrains me to divulge it. For it was a violation, but not a traffic violation. Is a violation a crime? ON another college application it is phrased:

Have you ever been convicted of a misdemeanor, felony, or other crime?

On this one I vacillate between divulging it and not. What other crime is there other than a felony or misdemeanor? A violation?

Attorney Answers 4

Posted

My take on the question, "Have you ever been convicted of a criminal offense" leads me to read that question as "Have you ever been convicted of a crime." If you plead to possession of marijuana as a violation, than you have never been convicted of a crime. Violations are not crimes. Misdemeanors and felonies are. It is my opinion that you can honestly answer that question as "no." I think the web link from the Legal Action Center can be informative. See page 38 and the following pages.

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Posted

always state the guilty plead and provide an explaination. It is better to disclose and explain then to be viewed as not completely truthful. Your acknowledgement to wrongdoing and admission shows that you want a chance to improve yourself and be honest eventhough you made a mistake in the past.

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Posted

If it's an infraction, then I would think it doesn't count. You may want to see if it's possible to expunge the case. If it is possible to expunge it it is a crime. If not, an infraction.

Edward J. Blum

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Posted

Marijuana violations are NOT crimes... they aree 'violations' and do not constitute a criminal conviction... if you are certain this was a violation that you olead guilty to then i would NOT divulge it.

In order to ensure that you plead guilty to a violation i would do one of two things. Go to one police plaza and request a certificate of good citizenship, which will give you a print out of your criminal record OR go to the court you were charged at and aask for a certificate of disposition, this would be much faster route as the certificates are given then and there (and the search through the police department, while much mroe thorough, could take several weeks).

much luck

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