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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23528
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I had a disorderly conduct due to an argument I had with my

Customer Question

I had a disorderly conduct due to an argument I had with my wife (bipolar) where she called the police after 18 hours me leaving the house saying I pushed her and showing mild bruises on the left arm only. The case been sealed
1. If some one goes to the court can he gets copies of the 3 pages or one page of disposition or nothing
2. As my attorney explained to me this will never affect my license ( medicine) but in reality I am going through bad time due to this, can I reopen the case and dismiss it and would that be in my favor
Thank you
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced New York State criminal lawyer.
Your case is sealed and without a court order even if someone would know to go to criminal court and ask for copies of it, he would not be able to obtain anything. The only exception would be for you/your lawyer/ or someone you authorized with a notarized letter to that effect asking for a certificate of disposition.
I don't see anything different happening to you if you reopen this matter. You may be able to get it dismissed in the interest of justice. On the other hand, it's a domestic violence charge, so the judge may not wish to do that.
But assuming that you did get it dismissed, it would seal, just like what you already have now. And anyone authorized to access it will still see the disorderly conduct and the way you were able to get a dismissal.
What I'm suggesting is that it doesn't really change anything enough to be worth the bother and expense of reopening it and making your violation public again. In fact, by reopening it, if you are unsuccessful you may have to wait another year for it to seal.
Customer: replied 1 year ago.
Where is my answer
I paid for this service already, please let me know if there was problem in the payment.
Expert:  Zoey_ JD replied 1 year ago.
Your answer is posted right on the website. If for some reason you can't see it, I will paste it again below:
___
Hello,
My name is ***** ***** I am an experienced New York State criminal lawyer.
Your case is sealed and without a court order even if someone would know to go to criminal court and ask for copies of it, he would not be able to obtain anything. The only exception would be for you/your lawyer/ or someone you authorized with a notarized letter to that effect asking for a certificate of disposition.
I don't see anything different happening to you if you reopen this matter. You may be able to get it dismissed in the interest of justice. On the other hand, it's a domestic violence charge, so the judge may not wish to do that.
But assuming that you did get it dismissed, it would seal, just like what you already have now. And anyone authorized to access it will still see the disorderly conduct and the way you were able to get a dismissal.
What I'm suggesting is that it doesn't really change anything enough to be worth the bother and expense of reopening it and making your violation public again. In fact, by reopening it, if you are unsuccessful you may have to wait another year for it to seal.
Customer: replied 1 year ago.
Thank you mr Zoey
I did submit the order of disposition to medical board of Texas where in the paper states that this is disorderly conduct and on the right side states that it's sealed after conviction.
1. Texas medical board referring that usually the arrest is sealed but not the disposition of violation and they are requesting all the papers from the court
- is this true regarding sealed for the arrest but not to the disposition ( though I was told by the court and my attorney last year that the case was sealed)
-I know you are from NY but would the medical board of Texas or NY be entitled for such thing if the case was sealed and if they are entitled are they entitled to the whole record or just the disposition ( where it says disorderly conduct and sealed on the corner which already been given to them)
Can you please paste the answer here
Thx
Customer: replied 1 year ago.
Ms Zooey
Expert:  Zoey_ JD replied 1 year ago.
I apologize but unlike in non-legal categories on Just Answer, where phone calls are allowed, in the legal categories live phone calls can be deemed practice of law which is forbidden by our bar associationss as we do not and cannot represent you on this website with any legal matter. Only lawyers in a law firm can do that. I would be happy to continue with you in this forum if you would like to use reply. Thank you for understanding.
Customer: replied 1 year ago.
Ok no problem, can she answer the questions above
Thx
Customer: replied 1 year ago.
Where is my answer?
Can you tell me if there is any problem?
Expert:  Zoey_ JD replied 1 year ago.
Sure.
Here's the thing. If you want to get licensed in Texas, Texas can require you to disclose your criminal history. This is true in health care, in law, in education, in finances and certain other restrictive professions.
Licensing boards will require you to disclose your contact with the law, which you did. If they want to see the original criminal complaint filed with the court, they would need a court order to get it because it is sealed. Alternatively, you can get a copy of this and send it to them.
A criminal violation -- something less than a crime -- should not stand in the way of your being able to practice medicine in Texas. But if you're asking whether Texas can condition your admission to practice on the disclose of your record, the answer is that they almost certainly can and this would be true even if you got this opened and dismissed and resealed.
The only reason I say "almost certainly" is that I'm a NYS and not a Texas lawyer. But I know that in NYS, the NYS medical licensing board would be able to see your sealed record.
Customer: replied 1 year ago.
Where is the answer?
Expert:  Zoey_ JD replied 1 year ago.
I don't know why you cannot see my answer. I wrote it 5 hours ago. Here it is again, pasted below:
___
Sure.
Here's the thing. If you want to get licensed in Texas, Texas can require you to disclose your criminal history. This is true in health care, in law, in education, in finances and certain other restrictive professions.
Licensing boards will require you to disclose your contact with the law, which you did. If they want to see the original criminal complaint filed with the court, they would need a court order to get it because it is sealed. Alternatively, you can get a copy of this and send it to them.
A criminal violation -- something less than a crime -- should not stand in the way of your being able to practice medicine in Texas. But if you're asking whether Texas can condition your admission to practice on the disclose of your record, the answer is that they almost certainly can and this would be true even if you got this opened and dismissed and resealed.
The only reason I say "almost certainly" is that I'm a NYS and not a Texas lawyer. But I know that in NYS, the NYS medical licensing board would be able to see your sealed record.
Customer: replied 1 year ago.
Thank you
Is Harassment Second Degree in Texas equivelant to disorderly conduct in NY
Also disorderly conduct is not a misdemeanor in NY as far as I know do you know what disorderly conduct equivelant to in Texas?
Thanks again
Customer: replied 1 year ago.
Please post it here
Thanks
Expert:  Zoey_ JD replied 1 year ago.
Hi,
I'm sorry for the delay but I'd turned off my computer for the evening before you posted your follow up.
Every state has a disorderly conduct statute, which is a catch-all criminal statute and some form of a harassment statute. The elements of the crimes and the level of the offense and the penalties may differ from state to state.
However, your convictions were New York convictions, and are violations.
If you want to compare the statutes, however, here's NY's disorderly conduct statute followed by Texas's:
http://law.onecle.com/new-york/penal/PEN0240.20_240.20.html
http://codes.lp.findlaw.com/txstatutes/PE/9/42/42.01
And here is the New York harassment statute followed by Texas's:
http://codes.lp.findlaw.com/nycode/PEN/THREE/N/240/240.26
http://codes.lp.findlaw.com/txstatutes/PE/9/42/42.07