If the original charge was a misdemeanor, this original charge that was reduced to a 240.20 might be accessible to background checkers and even the public at large
So, oftentimes, clients who are offered the 240.20 in the Buffalo Area Courts opt to try to get a further reduction to an ACD which results in a full sealing under CPL 160.50.
The New York PL 240.20 Disorderly Conduct Statute says that a violation occurs when:a person, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof: engages in one or more of the following activities:
1. fighting or engaging in violent, tumultuous or threatening
2.making unreasonable noise;
3. using abusive or obscene language, or making
obscene gesture in a public place;
4. disturbing any lawful assembly or
meeting of persons without lawful authority;
5. obstructing vehicular or pedestrian traffic;
6. congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse;
7. creating a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
When charged with a misdemeanor in The Buffalo Area, it is often very tempting to accept the 240.20 Disorderly Conduct when and if it is offered by the DA . Because the 240.20, unlike a misdemeanor, is not a crime but just a violation which means that it will not create a criminal record. It means that a person (assuming they have no prior criminal convictions) does not have to answer yes to the question of whether they have ever been convicted of a crime in the state of NY.