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We spoke a few weeks ago> I was going to take the NYS Notary…

Hi Zoey_JD we spoke a...
Hi Zoey_JD we spoke a few weeks ago> I was going to take the NYS Notary exam and had a conviction for VTL 1192.1 you said it should not be an impediement to becoming a notary, it was an infraction.
Fast forward I passed the notary exam, now my question is what information to give on the application. Can you advise me again?
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Answered in 17 minutes by:
3/15/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,412
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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You were convicted of an infraction. Driving while Impaired is not considered a crime. So what you put on the application depends on the wording of the question that you are asked.

On the NYS notary application I found on the web they ask "Have you ever been convicted of a crime or offense (not a minor traffic violation) OR has any license, commission or registration ever been denied, suspended or revoked in this state or elsewhere?

Although this is not a crime, it is also not a minor traffic violation, because it can get you up to 30 days in jail. So check yes, and then go on to explain that on thus and such a date, you were convicted of Driving while Impaired which is an infraction and not a crime. Get yourself a certificate of disposition from the clerk's office -- official proof of the case and its outcome and attach a copy of it to the application.

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Customer reply replied 4 months ago
I have a specific question about the application. One of the questions is "have you ever been convicted of a crime or offense (not a minor traffic violation) OR has any license, commission or registration ever been denied, suspended or revokedin this state or anywhere else Yes or NO. (If yes you must include details/documentation)
Customer reply replied 4 months ago
My question is I have a copy of the record from the court that I plan to send do I need to write them a personal letter with the details also ? OR will the paper from the court suffice ?

They ask for details/documentation, so in a letter, give the details as I've mentioned above, and then attach it and the court papers. The letter doesn't have to be much at all. The less said about the case itself, the better. Basically, you're putting what's on the court record into your own words and then attaching that as official corroboration. E.g., that on thus and such a date you were arrested for X. You pled guilty of driving while impaired, a violation and not a crime on Y date and you were sentenced to Z which you completed successfully.

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Customer reply replied 4 months ago
I also have to write a letter ? I have the Certificate of Dispostion
Customer reply replied 4 months ago
Ok I see you said I should write the letter, thank you very much for your help

I would. You must give them what they ask for which in this case is Details/documentation. It's better to put some details in a letter than to assume the documentation is enough and turn out to be wrong.

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Basically, you can't go wrong taking the wording in a state application literally.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Good luck!

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Customer reply replied 4 months ago
thanks again,

You're welcome!!

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Customer reply replied 4 months ago
do you think its a moral issue for them to deny me
Customer reply replied 4 months ago
do you know if its grounds for them to deny me ?

Alcohol is legal and you were not convicted of a crime. It's not considered a crime of moral turpitude.

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Customer reply replied 4 months ago
what was I convicted of ?

DRIVING WHILE IMPAIRED. VTL 1192.1

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Customer reply replied 4 months ago
ok thank you for all your help !
Customer reply replied 4 months ago
I meant if its not a crime what is it, sorry

It's an infraction.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,412
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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