Can anyone explain to me what question 9 means?

[maltc]

Disregard.

 

[Len-2A Training]

Put it down. A BOP will find it and if you don't put it down, you will likely be denied for lying. It's not a DQ and nothing to worry about.

 

[milktree]

Does this mean he should answer “yes” and provide an explanation, or answer “no” and provide an explanation?

 

[headednorth]

Plead guilty sounds like a conviction to me. As was stated already its not a dq so it wont hurt if you disclose and will hurt if you dont.

 

[Rob Boudrie]

Plead guilty sounds like a conviction to me. As was stated already its not a dq so it wont hurt if you disclose and will hurt if you dont.

First this the applicant should do is get a court certified copy of the disposition. Defendants do not always deal in a world of precision linguistics, and may think they "pled guilty" when they admitted to sufficient facts as a condition for a CWOF. Similarly, some people who had no real penalty imposed are surprised to find years later it was recorded as a guilty.

There was a bunch of lawyering in which an attorney had to argue that ambiguous handwritten script on an ancient but not quite pre-Columbian court record was "D" (dismissed) rather than 'G" (Guilty) to protect his client from PP status.

Does this mean he should answer “yes” and provide an explanation, or answer “no” and provide an explanation?

Only an examination of the court disposition will provide the answer.

If you put No with an explanation, either fit the details on the same page as the "no" or write "Additional info on attached sheet" so that page of the application does not become stand-alone evidence that you lied on the form.

 

[maltc]

First this the applicant should do is get a court certified copy of the disposition. Defendants do not always deal in a world of precision linguistics, and may think they "pled guilty" when they admitted to sufficient facts as a condition for a CWOF. Similarly, some people who had no real penalty imposed are surprised to find years later it was recorded as a guilty.

There was a bunch of lawyering in which an attorney had to argue that ambiguous handwritten script on an ancient but not quite pre-Columbian court record was "D" (dismissed) rather than 'G" (Guilty) to protect his client from PP status.


Only an examination of the court disposition will provide the answer.

If you put No with an explanation, either fit the details on the same page as the "no" or write "Additional info on attached sheet" so that page of the application does not become stand-alone evidence that you lied on the form.

Put it down. A BOP will find it and if you don't put it down, you will likely be denied for lying. It's not a DQ and nothing to worry about.

Gentleman thank you. I truly still don't even quite understand what that question is asking. It's so ambiguous. For instance the first part..."have you ever been convicted as an adult"....Do they mean for any crime? If that's the case why is it a run on sentence w/ the juvenile adjucation? I will put YES and explain the alcohol charge and class. I have a certificate of depositions I will be including on the application.

 

[Matt_SERE]

Hey guys I have an LTC appointment coming up...Can anyone help me here with the following question? I am having trouble understanding "convicted as an adult" of what? When I was 17 I was given a citation for possession of alcohol under the age of 21 although they did write on my my dispostion "arrest" even though it was just a ticket. The lawyer had me plead guilty and it was a conditional discharge as long as I took some alcohol information class and then it was dropped. I completed that class. This was not confinement for alcohol abuse etc...
Question 9- "have you ever been convicted as an adult or adjudicated a youthful offender or or delinquent child in any state or federal jurisdiction" YES or NO

What does that question even mean?

Gentleman thank you. I truly still don't even quite understand what that question is asking. It's so ambiguous. For instance the first part..."have you ever been convicted as an adult"....Do they mean for any crime? If that's the case why is it a run on sentence w/ the juvenile adjucation? I will put YES and explain the alcohol charge and class. I have a certificate of depositions I will be including on the application.

Who pronounced the conviction or adjudication? The bolded part are different. You know, adult 'court' or 'Juvie' or maybe 'family court under your parents'.

 

[maltc]

I believe I was 17 at the time- but the conviction was plead in adult court, and granted by the judge of that court. My parents were not involved.

 

[Rob Boudrie]

I believe I was 17 at the time- but the conviction was plead in adult court, and granted by the judge of that court. My parents were not involved.

You need to know what was granted - conviction or CWOF. Get the court record and your BOP/CORI.

 

[maltc]

I have a copy if the disposition the court gave me. On the right it notes conditional discharge. Unfortunately NYS does not have CORI.

 

[maltc]

I will by supplying the docket sheets to the licensing officer with full disclosure.

 

[Rob Boudrie]

You should get a consult with Langer or someone of similar lawyering skill. An office consult is not big $$ and a worthy investment for anyone who has all but the most boring LTC application.

Conditional discharge sounds like a MA CWOF, though I have usually seen it termed ACD (Adjournment contemplating discharge) in NY.

Differing states terminology can cause problems. One attorney had to straighten out a "bail forefigure" disposition for a client with an Ohio (I think) record. The term actually meant "The court agreed to keep the bail in return for dismissing the charges", but the licensing PD read it as "jumped bail".