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I was charged- disorderly conduct 4 years ago. I'm applying to graduate school do I say yes when asked: been convicted of felony

New York, NY |

My case was sealed after conviction section 160.55 on 11/09/11.
The applications for PhD programs ask if " have ever been convicted of a misdemeanor, felony or other crime?" what should I say.
I believe that my lawyer at the time said that two three years after the case is sealed it's not on my records?

Attorney Answers 4

  1. Hmmm....Good question. In NY, I believe that sealed convictions for disorderly conduct are available to anyone who goes to the court where the conviction occurred. (quoted from another internet source). I don't believe it shows up on typical background searches that schools and employers might do.

    If you are applying at a university not in NY, you are probably be good to go.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs.

  2. You say NO because Disorderly Conduct is not a crime.


    Joseph A. Lo Piccolo, Esq.
    Past President, Criminal Courts Bar Association of Nassau County, 2011-2012
    Hession Bekoff & Lo Piccolo
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    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  3. Disorderly conduct is a violation, and not a crime.

    If you found this "helpful" or "best answer," please click it with my thanks. My response is for educational purposes and does not constitute legal advice. I can be reached for consultation at 212-300-6104.

  4. You were convicted of a violation, not a crime. Only felonies and misdemeanors are "crimes." Assuming this is your only conviction, you do not have a criminal record and can honestly answer no to the question.

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