Comments on: FORMER CHEMUNG COUNTY ADA REFLECTS ON NEW YORK’S YOUTHFUL OFFENDER LAWS

By: Adam Gee

Adam Gee — Thu, 10 Mar 2011 19:16:43 +0000

Jason – I believe your interpretation to be correct

By: Adam Gee

Adam Gee — Thu, 10 Mar 2011 19:15:37 +0000

Jason – you could try doing your own background check, but I have no idea whether it would contain all the information an NCIS check would reveal.

By: Jason W

Jason W — Wed, 09 Feb 2011 23:55:27 +0000

Sorry I meant to say that according to youthful offender is not a disqualification for any public or private employment or to receive any license granted by public authority. which is listed in the statute. Therefore, I think it would be reasonable to answer no to that question, Have you ever been found guilty after trial, or pleaded guilty, no contest, or nolo contendere to a crime (felony or
misdemeanor) in any court? My bad on the typo in the original post. Thanks again

By: Jason W

Jason W — Wed, 09 Feb 2011 23:52:17 +0000

Thank you for the quick response. There is also one interesting question that I came across which is on a nys educational licensing application. The question reads as follows (“Have you ever been found guilty after trial, or pleaded guilty, no contest, or nolo contendere to a crime (felony or
misdemeanor) in any court? To get a youthful offender, I know that you originally have to plead guilty but then at sentencing the conviction is vacated. Now most questions ask whether you have been convicted which for a youthful offender you can truthfully answer no. I am a bit confused about this question, but I read the youthful offender statute saying that a YO is a disqualification for any a license granted by public authority (cpl 720.30) For answering a question would it be reasonable to answer no since there is ultimately no conviction with a YO. I appreciate the input, thank you

By: Jason

Jason — Mon, 07 Feb 2011 16:22:44 +0000

Hi thank you for the prompt response. I was looking into the issue further and found out that for a rifle since its not a concealed weapon, in my jurisdiction no permit is requested. However, in order to purchase a long gun, one would have to go to a licensed firearm dealer and to process the transaction an NICS background check needs to be performed. Now since this was a youthful offender charge of a non violent misdemeanor, I know that I am not a prohibited person (1: youthful offender is not a criminal conviction, 2: misdemeanor convictions would only preclude a person from the right to bear arms if they are domestic violence, or having a felony conviction) My disposition does not fit into either of these three categories which I would hope to believe that the fbi NICS check would not be a problem. Also the youthful offender status pursuant to cpl 720.35 states that its not a disqualification for public or private employment or to receive any license granted by public authority. This would like me to believe that it shouldn’t show up on a consumer report background check as well. Would there be anyway to perform a pre employment background check on myself using a reputable online company to give myself peace of mind. Thanks for the input, I appreciate it.

By: Adam Gee

Adam Gee — Wed, 02 Feb 2011 20:04:05 +0000

Jason – you are correct – a YO adjudication is not a conviction – it replaces the conviction, and is supposed to be sealed. But you are right – law enforcement will have access to it. When they run a criminal history check, it may still show up – I know that if it is run in NYS, the YO adjudication WILL show up on your criminal history – but that info is coming from the NY sources. I do NOT know whether the NY YO adjudication would show up on a criminal history run in another state – as that other state would only get the info that NY or the FBI provides (a copy of all fingerprints and disposition data is provided to the FBI as well). My recommendation is that you tell the truth – you have NOT been convicted of a crime in NYS. The criminal history may seem to indicate otherwise, but that is something you will have to deal with after the history is run. By the way – according to the info you provided, unless the misdemeanor charge was a domestic violence charge, the conviction wouldn’t preclude you from owning a rifle anyway.

Please let us know how this turns out!

By: Jason W

Jason W — Wed, 02 Feb 2011 19:25:47 +0000

Hi Folks, I was adjudicated as a youthful offender when I was 17 for a class A misdemeanor charge in New York. I was originally sentenced to 3 years of probation but it was cut down to 1.5 years for good compliance. I don’t have any prior criminal history and the offense was non violent in nature. I was told that the youthful offender adjudication is not a conviction and is sealed but law enforcement would still have access to it. Now 7 years have gone by and am looking to get a rifle in my state. I read that a person who was convicted of a felony or a misdemeanor crime of domestic violence would be barred from receiving a rifle or pistol permit. Since this was a Youthful offender for a non violent misdemeanor offense, would I have a problem getting a rifle since the a YO does not fall into the category of person who is not in good moral character. The form required to get a rifle from a federal firearm dealer is atf form 4473 and a NICS check must be done. Would I need to disclose it. Thank you

By: Christina Sonsire

Christina Sonsire — Thu, 27 Jan 2011 20:55:30 +0000

If you were granted Y.O. status you are NOT lying by stating you have never been convicted of a crime. That is the gist of Y.O. — it actually replaces the conviction with Y.O. adjudication.

However, see my answer above. Read the question carefully. If it simply asks whether you have been convicted, the answer is no. If it uses tricky language you may to need weight the harm a more developed answer may cause v. answering no but having someone feel you were dodging.

If you want, please tell me exactly what the question asks. I will be able to give you more specific advice.

-Christina Bruner Sonsire

By: Christina Sonsire

Christina Sonsire — Thu, 27 Jan 2011 20:49:38 +0000

Wow — tough question! In many ways it turns on who is asking. New York State has very strict confidentiality laws to protect young people who have been convicted of crimes. However, not every state — or the federal government — is so generous.

The bottom line is that if you are a Y.O. this conviction is NOT a part of your criminal history. However, the way the question is worded lends me to think the best route is to disclose. If the questioner is not from New York state you should also include a sentence or two explaining that you were granted Y.O. and what Y.O. status means. (Feel free to cute and paste from my post!)

-Christina Bruner Sonsire

By: Sarah W.

Sarah W. — Wed, 26 Jan 2011 22:19:03 +0000

I am a Y.O wondering how to answer this question:

Have you ever been found guilty after trial, or pleaded guilty, no contest, or nolo contendere to a crime (felony or misdemeanor) in any court?