Does my friend need to disclose "Littering" incident in USA

[tejasmhaskar]

My friend did some community service (instead of $150 fine) for a violation related to "Littering". Basically, he threw a stubbed cigarette in the dustbin (in our apartment). The dustbin caught fire and someone called 911. Nobody was home when this happened. No charges were filed. He wasn't fingerprinted. They asked him to pay $150 fine or do some 20 hours of community service (which he did). They told him that this is just similar to a parking ticket. Does he need to disclose this in his application? He even visited US recently (the incident happened 6 years back).

 

[legalfalcon]

My friend did some community service (instead of $150 fine) for a violation related to "Littering". Basically, he threw a stubbed cigarette in the dustbin (in our apartment). The dustbin caught fire and someone called 911. Nobody was home when this happened. No charges were filed. He wasn't fingerprinted. They asked him to pay $150 fine or do some 20 hours of community service (which he did). They told him that this is just similar to a parking ticket. Does he need to disclose this in his application? He even visited US recently (the incident happened 6 years back).

Which state did it happen? States and counties have different laws on how they classify such an offence. If it was littering, most likely it will be a building code violation, a misdemeanor, and there is nothing to worry. However, if it was an act of arson, which usually is a felony, I will be concerned.

But, without the details, nothing can be said.

 

[tejasmhaskar]

It happened in NY. It was treated as probably Building Code Violation or Negligence. I don't think he even went to the police station or anywhere. They just gave him an option to pay $150 or do community service in the University (where we did our MS).
Definitely not a felony. Otherwise, he would have been fingerprinted, right?

 

[legalfalcon]

It happened in NY. It was treated as probably Building Code Violation or Negligence. I don't think he even went to the police station or anywhere. They just gave him an option to pay $150 or do community service in the University (where we did our MS).
Definitely not a felony. Otherwise, he would have been fingerprinted, right?

Not necessarily. You are only fingerprinted when you are detained or locked up in jail.

Infractions: Tickets and Fines

Infractions: In general, these are the least serious type of crime. Typically, a police officer will see someone doing something wrong, write a ticket and hand it to the person. The person then has to pay a fine. Infractions usually involve little to no time in court (much less jail), and include things like traffic tickets, jaywalking, and some minor drug possession charges in some states. However, if infractions remain unaddressed or unpaid, the law typically provides for an increasing range of fines and potential penalties.

Misdemeanor vs. Felony Offenses

Misdemeanors: Misdemeanors are more serious than infractions. They are usually defined as a crime which is punishable by up to a year in jail time. Sometimes that jail time is served in a local county jail instead of a high security prison. Other states define a misdemeanor as a crime that is not a felony or an infraction. Prosecutors generally have a great degree of flexibility in deciding what crimes to charge, how to punish them, and what kinds of plea bargains to negotiate.

Felonies: Felonies are the most serious types of crimes. They are usually defined by the fact that they are punishable by prison sentences of greater than one year. Since the punishments can be so severe, court room procedure must be strictly observed so that the defendants' rights stay protected. Felonies are usually crimes that are viewed severely by society, and include crimes such as murder, rape, burglary, kidnapping, or arson. However, felonies can also be punished in a range of ways so that the punishment matches the severity of the crime.

CIC asks all applicants to disclose any prior arrest or criminal charge. This does not mean inadmissibility, but being truthful is the best policy. If you are not upfront, and they find this during the BG check, then you are looking at a bar for 5 years.

You will either have to tell us what code violation it was, or a section under which you were charged. Just asking randomly does not help. And anyone who tells you not to report it without knowing the facts, it between him and you.

Have you got your FBI PCC? If that is clear, only then I will lean towards ignoring it. Another way is to get a NY PCC. If that comes clear, you have nothing to worry.

Hope this helps

 

[tejasmhaskar]

Thanks a lot. He is awaiting his FBI clearance anyway.

 

[tejasmhaskar]

He was basically summoned (just like any parking violation). He even tried searched his record on Erie County Court (Buffalo, NY) and found nothing. Does this help to conclude that there will be nothing in the NY state report as well?

 

[legalfalcon]

He was basically summoned (just like any parking violation). He even tried searched his record on Erie County Court (Buffalo, NY) and found nothing. Does this help to conclude that there will be nothing in the NY state report as well?

Pretty much. I just want to be sure that it was a building violation and anot arson. With what you say, it seems to be an infraction or at the most a misdemeanor.

 

[tejasmhaskar]

It was not an "Arson". I am assuming that such act is considered as "Arson" only when it is deliberate. Still need to be worried?

 

[legalfalcon]

It was not an "Arson". I am assuming that such act is considered as "Arson" only when it is deliberate. Still need to be worried?

I am not trying to scare you, just asking to not be too complacent. Most likely it is not and there is nothing to worry. But since you have applied for FBI PCC you will soon get to know.

Intent depends on which degree of Arson a person is charged under. But, given that your friend was only fined, I would lean towards it being a building code violation. So do not worry, but make sure since you do not have the exact section or a copy of the ticket.