Public Consumption of Alcohol in New York City, Concerns about Employment and Job Interviews
Question Details: I was recently given a summons for Public Consumption of Alcohol [Admin Code section 10-125 (b)], a violation not a crime as charged on this summons. My principal concerns are related to employers, background checks, etc. If i plead guilty, do I now have a criminal record? Or a record of any sort that would impede my chances at employment? I feel that my life is over. I am graduating with a 3.9 GPA from NYU and have job interviews coming up. What are my options? Is there any recourse? I am distraught.
A conviction for a violation is sealed and is not a criminal conviction. A preferable result could be a dismissal or an adjournment in contemplation of dismissal (ACOD). The latter result means that if you stay out of trouble for six months then the case is dismissed. I am a New York Criminal Defense Attorney. Give me a call if you would like to discuss the matter. It would be my pleasure to speak with you about the case. Darren M. Shapiro, Esq. 516-333-6555. www.CriminalDefense1.com www.NYAttorneyDivorce.com
Although I do not practice law in the State of New York, here are my initial impressions. The general rule is that a guilty plea will become a conviction that will go on your record. This does not, however, mean that your life is over. Many employers do not look at these type of misdemeanor convictions. Moreover, if you hire an attorney, there is at least a decent chance that he/she will be able to obtain a resolution of this matter that does not involve a conviction. Therefore, I suggest that you hire an attorney (prior to just pleading guilty) to discuss obtaining a favorable resolution of this charge. Good luck.
Contrary to the advice of my colleague, public consumption of alcohol is considered to be a "petty offense" and as such has not been classified as a misdemeanor or felony; it is a "violation". In New York, certain violations (and I believe this to be one of those) are automatically sealed and it is illegal to report such violations to an employer on a background check.
However I would hire a criminal defense attorney just to be sure. If they can resolve this situation some other way you may not have to worry about your guilty plea. While this incident should be sealed, the fact is that in this age of information things do still get reported.
