Hi juco1014,
"Basically what I need to know is pursuant to New Jersey's expungement
law, would the plea of guilty to the New York Administrative Code
10-125 constitute a disorderly persons offense or "petty" disorderly
persons offense sufficient to tack onto the other 2 and make me
ineligible for expunge of the municipal ordinances?"
Although it has taken hours of research to finally nail it down, it is
this simple:
To expunge one Disorderly Persons Conviction in NJ:
1) You cannot have any indictable conviction in any state
[your NY petty offense is not an indictable conviction]
2) You cannot have more than two other disorderly persons convictions in any state.
[you have 1]
3) You may have up to three disorderly persons convictions to be expunged.
[you have 2]
4) You are allowed up to three disorderly persons convictions to be expunged.
[you have 2 + 1]
You are ok!
Clearing Your Record: A six-step guide to expunging criminal records in New Jersey
Written and Published by Legal Services of New Jersey
"Expunging a Disorderly Persons Conviction
"To expunge a disorderly persons conviction, you cannot have any
indictable convictions in any state at any time. You cannot have more
than two other disorderly persons convictions in any state. The
statute allows for up to three disorderly persons convictions to be
expunged. In order to expunge a disorderly persons conviction, you
must wait five years from the date of conviction, payment of fine,
completion of probation or parole, or release from jail, whichever is
later.
Note: Whether you are attempting to expunge a disorderly persons
offense, a petty disorderly persons offense, or a criminal charge, if
you have before or after that conviction been granted dismissal of
criminal charges following completion of a supervisory treatment or
other diversion program, such as pretrial intervention (PTI), your
petition will be denied."
http://www.lsnjlaw.org/english/crime/municipalcourt/clearingyourrecord.cfm#disorderly
>> Definition of Charge in NY
"Effective July 1, 2004 individuals who receive a Criminal Court
Summons citing a violation of Section 10-125 (2b) of the N.Y.C.
Administrative Code- ?Consumption of Alcohol on Streets Prohibited? (
also known as ?Open Container Violation? or ?Consumption of Alcohol in
Public?) are eligible to plead guilty and pay a $25 fine by mail. This
program is available to persons charged with this petty offense only,
and only if no other summonses are issued to the individual at the
same time."
http://www.courts.state.ny.us/courts/nyc/criminal/specialprojects.shtml
1) It is a "petty offense".
2) Petty offense - A violation or traffic infraction.
3) Violation - An offense for which a person may be sentenced to no
more than 15 days in jail.
4) Traffic infraction - A violation of the New York State Vehicle and
Traffic Law that has not been classified a misdemeanor or felony. It
is considered a petty offense.
http://www.courts.state.ny.us/courts/nyc/criminal/glossary.shtml#Petty%20offense
3. Any ordinance or local law heretofore adopted by the board of
trustees of any village which provides that any person violating such
ordinance or local law shall be a disorderly person shall continue to
be valid and any violator of such ordinance or local law may be
prosecuted pursuant to the criminal procedure law for the violation of
a petty offense and such disorderly person shall be deemed to have
committed a petty offense."
http://caselaw.findlaw.com/nycodes/c129/a21.html
Misdemeanor is a term applied in Anglo-American law to offenses that
are neither treasons nor felonies. In the United States there is a
subclassification of misdemeanor called petty offense. Among the more
common petty offenses are disorderly conduct, public drunkenness, and
ordinary automobile driving violations. Some sex offenses are
misdemeanors, while others are classified as felonies.
Some misdemeanors are, like felonies, indictable offenses, or those
subject to action by a grand jury. Some types of assault, perjury,
minor sex offenses, selling liquor to minors, and operating an illegal
gambling establishment are among the more common misdemeanors of this
type. These differ from felonies largely in the punishments for them.
Misdemeanors in the United States are those offenses punishable by
fines or by imprisonment in a local jail, while felonies are
punishable by terms in a state or federal prison.
http://www.britannica.com/ebi/print?tocId=9273853&fullArticle=true
1) Search "Laws of New York"
2) Search "ADC New York City Administrative Code(NEW)
3) Search " Title 10 - PUBLIC SAFETY Chapter 1 - (10-101 - 10-163) PUBLIC SAFETY
Title 10 Chapter 1 § 10-125 Consumption of alcohol on streets
prohibited. a. Definitions.
Whenever used in this section, the following terms are defined as follows:
1. Alcoholic beverage. Any liquid intended for human
consumption containing more than one-half of one percent (.005)
of alcohol by volume.
2. Public place. A place to which the public or a substantial
group of persons has access including, but not limited to, any
highway, street, road, sidewalk, parking area, shopping area,
place of amusement, playground, park or beach located within the
city except that the definition of a public place shall not
include those premises duly licensed for the sale and consumption of
alcoholic beverages on the premises or within their own privat
property. Such public place shall also include the interior of any
stationary motor vehicle which is on any highway, street, road,
parking area, shopping area, playground, park or beach located within
the city.
b. No person shall drink or consume an alcoholic beverage, or
possess, with intent to drink or consume, an open container
containing an alcoholic beverage in any public place except at a block
party, feast or similar function for which a permit has been obtained.
c. Possession of an open container containing an alcoholic
beverage by any person shall create a rebuttable presumption that
such person did intend to consume the contents thereof in violation
of this section.
d. Nothing in this section shall be deemed to prohibit the
consumption of an alcoholic beverage in any duly licensed
establishment whose certificate of occupancy extends upon a street.
e. Any person who shall be found to have violated any of
the provisions of this section shall be punished by a fine of not
more than twenty-five dollars ($25) or imprisonment of up to five
(5) days, or both, or pursuant to the provisions of the family court
act of the state of New York where applicable.
http://public.leginfo.state.ny.us/frmload.cgi?MENU-50677223
"...in New York, certain violations such as disorderly conduct are
automatically sealed and it is illegal to report such violations to an
employer on a background check. Other states, however, do not seal
such charges."
http://www.nelp.org/document.cfm?documentID=640.
>> Additional Links of Interest
Adminstrative Code Section 10-125(a)(1)
In 2003 I was issued a ticket for an open can of beer in public. I had
a desk appearance in Bronx Court, and paid a $25.00 fine. Three months
later I was ticketed again this time because I was standing next to a
trash can that had a beer can in. Once again I appeared in court and
paid this ticket. I was told that this would not go onto my permanent
records, that is was treated like a parking ticket, once I paid it
would be off the records. I recently applied for a job with Con
Edison, and was asked on their application if I had ever been
convicted or pleaded guilty of any crime, I replied no. I have been
denied employment based on the fact that Con Edison stated that I lied
on my application, based on a background check performed by them which
listed the two tickets I had received in 2003. Is there anything I can
do to fight this? "
http://public.findlaw.com/mboards/webx.html?14@55.H0CQcDmPSOc%5E0@.ef0685f/939
"The process I am referring to is filing for a Petition for
Expungement. The expungement process is provided for within the New
Jersey Statutes and is available to all individuals who have committed
any disorderly persons offense, as well as indictable offenses within
the State of New Jersey. The expungement process is available to
residents and/or non-residents of the State of New Jersey and an
individual may expunge one or more petty disorderly persons offenses
and/or indictable offenses from their criminal history. Obviously,
there are limitations concerning the eligibility for expungements. In
addition, certain offenses, such as murder and/or distributing a
narcotic for sale, are not subject to expungement. Nonetheless, the
expungement process is a valuable tool which can help many people
erase and/or minimize a mistake they made in their past.
Prior to becoming eligible for an expungement, there are mandatory
waiting periods after which time a party may be eligible for an
expungement. For example, a person may seek an expungement ten (10)
years after being discharged from probation or parole for an
indictable offense. If a person is convicted a disorderly persons or
petty disorderly persons offense, there is a five (5) year eligibility
waiting period after discharge from probation and/or payment of the
fine in full."
http://www.njlawblog.com/litigation-126-expungement.html
2C:1-4. Classes of offenses a. An offense defined by this code or by
any other statute of this State, for which a sentence of imprisonment
in excess of 6 months is authorized, constitutes a crime within the
meaning of the Constitution of this State. Crimes are designated in
this code as being of the first, second, third or fourth degree.
b. An offense is a disorderly persons offense if it is so designated
in this code or in a statute other than this code. An offense is a
petty disorderly persons offense if it is so designated in this code
or in a statute other than this code. Disorderly persons offenses and
petty disorderly persons offenses are petty offenses and are not
crimes within the meaning of the Constitution of this State. There
shall be no right to indictment by a grand jury nor any right to trial
by jury on such offenses. Conviction of such offenses shall not give
rise to any disability or legal disadvantage based on conviction of a
crime. '
http://boards.lp.findlaw.com/cgi-bin/WebX.fcgi?14@47.oXalc89JR6l%5E0@.ef0687d/365
As mentioned previously, the New York Office of Court Administration
(OCA) maintains the Criminal Record Information Management System
(CRIMS). Case information from the courts in the five boroughs of New
York (Bronx, Kings, New York, Queens and Richmond) and the counties of
Dutchess, Erie, Nassau, Orange, Putnam, Rockland, Suffolk and
Westchester is available from the OCA for these jurisdictions. In
these jurisdictions, it is possible to get a somewhat complete
combined Felony/Misdemeanor search. The table below details the
county, contributing court and depth of information available.
http://www.usis.com/commercialservices/transportation/FaqNewYork.htm
Although challenging, your question has been interesting to research.
If you have any questions, please post a clarification request and
wait for me to respond before closing/rating my answer.
Thank you,
hummer
Some of the Google search terms used, in many combinations: NY NJ NYC
Adminstrative Code Section 10-125 petty offense violation alcoholic
alcohol public expungement disorderly persons "new york" "new jersey"
"Consumption of Alcohol in Public" |
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