I will not pretend that this is an authoratative answer to your
question, but my cursory research reveals that the open container
violation that you were cited for is NOT a criminal offense. It is a
violation of the Village of Hanover's local laws and ordinances that
does not reach the level of a crime, e.g. a misdemeanor or a felony.
It is on the same level as a traffic infraction and is defined,
according tto the Criminal Procedure Law of New York State,as a petty
offense.
The only records that will appear on an FBI fingerprint check are
records of conviction for fingerprintable offenses, mostly felonies,
but also including some misdemeanors.
A word of advice. The way you answer a question about this sad but
minor chapter in your life depends on precisely how the question is
asked. I believe most job applications can only ask about crimes and
only about convictions for crimes.
They say "The truth shall set you free." My advice would be not to
tell a lie on a job application. In this day and age admitting to
having received an appearance ticket and paying a small fine for a
violation of the open container law will not hurt you. Lying about it
may, especially if you are applyingt for a high level government job
or a job as a law enforcement officer or agent. The background
investigation for these positions includes more then just a check of
criminal record files. It will include interviews of people who have
known and worked with you. If you leave out the open container
incident it could come out in an interview of one of your friends.
Deception is frowned upon.
You can probably get a better answer to your question from your local
office of the American Civil Liberties Union (ASLU) office. I believe
they may offer a pamphlet on the subject of how to answer questions
about encounters with the law. This link might be informative also
http://www.sunysb.edu/diversity/Lawful_un.html
The New York Civil Liberties Union has a booklet entitled "Civil
Liberties at Work: A Guide to Your Rights as a Job Applicant or
Employee." Call them in NYC at (212)344-3005. I believe they're at 125
Broad Street in lower Manhattan.
Sorry, that all I have time for now. Hope this helps. |
