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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16262
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I need to find a website that states what the New York penal

Customer Question

I need to find a website that states what the New York penal code of 200.39 is so that i can refer a back ground checking job to the website, so they can make a decision on hiring me.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Chat Conversation Started
FranL :

Hi,

220.39 is Criminal Sale of a Controlled Substance in the Third Degree. It is a class B non-violent felony. I have linked you to the section of the NYS Penal Law, which is on the web.

If I've helped, please click the green Accept button so I can get credit for my work.

Live Chat will close but you can continue to post follow-ups on this thread if you need clarification

Customer:

The only problem is that the background check has code 200.39 and not 220.39 and they will not accept this site showing 220.39. I will need it to show EXACTLY 200.39.

FranL :

Hello again,

That's what I get for assuming. I looked too quickly and thought it was the drug section. Section 200 of the Penal law is the bribery section, but there is no 200.39. The statutes in that area go from 200.35 directly to 200.40.

What precisely were you convicted of?


 

Customer:

I dont know, but the job says that what they found says criminal facilitation, if i remember correctly.

Customer:

I was charged with this in the but all of this was supposed to be sealed. The job swears what they have found is 200.39 and i dont know what to do to get them to know that its not some kind of terrorist stuff so i can get hired by UPS! Not a terroristTongue out! Its so frustrating

Full Size Image

Customer:

If you can see it it says i was charged with PL110/220.43 , PL220.39 and PL115.00

Customer:

But what SHE FOUND says 200.39Frown

Customer:

Well guess im just stuck, have no ideal of what to do now.

FranL :

She's looking at something that has a typo in it.

FranL :

I would tell you to obtain a copy of your RAP sheet, but if it was sealed, it shouldn't be there at all.

FranL :

How long ago was your conviction? Your lawyer should have a copy of your RAPS in his file. So would the DA. You could get something from them that would show what you were charged with and what you pled to and were convicted of.

Customer:

Yes i agree. I guess the only thing i can do is get a copy of what she has AND get a copy of my rap sheet and see whats on there, i have no idea. If i find that it was a typo i will get back on here tmmor and pay for finding 220.39, although she assured me it is 200.39. Thank u anyway. God bless you

Customer:

It was in 2001. Yes but i dont want to show them anything that was sealed and not on my RAP sheet NOW. I need this job and UPS already did a check on me and i passed. But this Check is through the airport ID badge system that uses theFBI for their check

Customer:

I have to pass this one to work at the airport FOR UPS.

FranL :

Right, That's a big problem. What you may be able to do is to get a "not me"letter from the DA if you have a sealed case. That would be a letter on official stationery from them with a seal from the DA stating that you have no criminal convictions. The problem is that certain agencies can "see" what's sealed. I don't see why UPS would be entitled to know that though.

FranL :

A sealed case should not turn up on an FBI check with the average employer. Unless, as I said, that in these crazy times, to work in an airport now means a deeper level of probing is allowed on a background check. Sealed records don't ever go away and are always available for viewing by certain government agencies and state licensing bureaus as well as law enforcement.

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