Impairing the Integrity of a Government Licensing Examination in New York

Before individuals can practice a trade or profession in New York State, the government tests them to ensure that they possess the skills necessary to work in their chosen vocation. If a person passes the examination successfully, they are licensed to practice their profession or trade in New York State.

Citizens must be able to presume that a person has properly earned the licenses when choosing to hire a member of a trade or profession to work for them. The state’s licensing system would have little value if they could not make this assumption.

The government licensing examination offense in New York

The New York State has acted to protect the integrity of its licensing examination system bypassing Penal Law §200.55. Impairing the integrity of a government licensing examination is a class D felony, demonstrating the state’s concern over licenses being improperly issued to undeserving individuals.

If you are charged with this offense, you should seek legal advice right away. You will need the assistance of a criminal lawyer who understands the various types of offenses you can be charged with under §200.55 to defend yourself against a charge of impairing the integrity of a government licensing examination under the Penal Law.

Impairing the integrity of a government licensing examination offense: what can you be charged with

Penal Law §200.55 contains four subsections. A person can be charged with this offense if, with intent to obtain a benefit for himself or herself, or for another person, he or she:

Wrongfully alters or changes an applicant’s grade on a government licensing examination; or
Causes any false or inaccurate grade to be entered into a government licensing registry; or
Provides answers, with an intent to wrongfully benefit another, to current questions on a pending government licensing examination; or
Wrongfully provides a copy of a current test used to determine competence in a licensed profession, trade, craft, or other vocation.

The elements of impairing the integrity of a government licensing examination offense

There are two parts to the basic offense. To impair the examination’s integrity,

You must be found to have wrongfully changed the grade on the examination so that you or another person gained a benefit; and
You must have intended to wrongfully change the grade so that you or another person will receive the benefit;

You must be found to have personally entered or made another person enter a false mark into the government licensing registry; and
You must have intended to have personally entered or made another person enter a false mark into the government licensing registry so that you or another person will receive the benefit.

You must be found to have given answers to current questions on a pending government licensing examination to another person; and
You must have intended to have given these answers to the other person so that the other person will receive the benefit.

You must be found to have wrongfully given a copy of a current examination to another person or persons; and
You must have intended to have wrongfully given the copy of the current test to another person or persons so that you or another person will receive the benefit.

Wrongfully alters or changes an applicant’s grade on a government licensing examination

This provision of §200.55 punishes individuals who intentionally change the final grade an applicant earned on an examination in order to grant the applicant a license or to deny the applicant a license. The benefit could be obtained by:

The person who altered the grade could receive a benefit to change the grade;
The applicant who persuades the person to alter the grade would receive a license; the applicant has not qualified to receive based on their examination grade.

Causes any false or inaccurate grade to be entered into a government licensing registry

This provision of §200.55 punishes individuals who themselves enter or have another enter a grade that an applicant did not earn on an examination in order to grant the applicant a license or to deny the applicant a license. The benefit could be obtained by:

The person who entered the false grade could receive a benefit to change the grade; or
The applicant who persuades the person to enter the false grade would receive a license; the applicant has not qualified to receive based on their examination grade; or.
Another person (a competitor of the applicant) persuades the person to enter the false grade could eliminate a competitor by preventing them from obtaining a license.

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Provides answers, with an intent to wrongfully benefit another, to current questions on a pending government licensing examination

This provision of §200.55 punishes individuals who give the answers to questions on a licensing examination to applicants writing the examination to obtain a license. The applicant would obtain the benefit, as he or she would receive a license, the applicant has not qualified to receive based on their misleading examination grade.

Wrongfully provides a copy of a current test used to determine competence in a licensed profession, trade, craft or other vocation

This provision of §200.55 punishes individuals who give a copy of an entire government licensing examination to applicants writing the examination to obtain a license. The benefit could be obtained by:

The applicant, as he or she would receive a license the applicant has not qualified to receive based on their misleading examination grade; or
The person who gave out the copy of the test, as he or she would receive some form of payment or other benefits by giving another person or persons the copy of the test.

An example of impairing the integrity of a government licensing examination

Allan is a state employee who administers government licensing examinations. His friend Bernice approaches him. Bernice’s grade on the government licensing examination fell just below the mark she needs to earn her license to practice her trade as an electrician. Bernice asks Allan to raise her grade from three marks below to four marks above the minimum grade she needs to be granted her license.

In return, Bernice will pay him $300 and do any electrical work he needs to be done in his house for free. Allan agrees and changes Bernice’s grade in the government licensing registry. Bernice receives her license to practice and gives Allan $300 in cash. Later, she rewires Allan’s home to upgrade the house’s electrical system to modern standards.

Allan could be charged under §200.55 with entering the false grade into the registry with intent to receive benefits for:

Bernice, who will wrongfully obtain her license; and
Allan himself, who receives a cash payment and free services from Bernice.

The prosecution’s burden of proof in impairing the integrity of a government licensing examination cases

The prosecution must prove different things to a court, depending on the particular provision of §200.55 you are charged under. These are:

That you altered or changed a grade on a person’s government licensing examination; or

And

That you did so intending to obtain a benefit for yourself, the applicant, or both of you.

That you entered or caused another person to enter a false grade for an applicant for her or his government licensing examination result;

And

That you did so intending to obtain a benefit for yourself, the applicant, or both of you.

That you gave answers to current questions on an upcoming government licensing examination to one or more applicants;

And

That you did so intending to benefit the applicants.

That you gave a copy of a current government licensing examination to another;

And

That you did so intending to obtain a benefit for yourself, the applicant, or both of you.

Impairing the integrity of a government licensing examination is a class D felony

Class D felonies include bribing a labor official, receiving a bribe as a labor official, bribing a juror, receiving a bribe as a juror, and first degree tampering with public records.

A conviction under this offense is punishable by probation, between a year and seven years in jail, and a fine up to $5000.

Important Cases That Define Impairing the Integrity of a Government Licensing Examination offense

None.

Who investigates Impairing the Integrity of a Government Licensing Examination cases in New York State?

The Attorney General’s office investigates and prosecutes impairing the integrity of a government licensing examination offenses in New York.

What additional consequences do you face for the Integrity of a Government Licensing Examination conviction?

There are often other consequences beyond fines and/or imprisonment for those convicted of Integrity of Government Licensing Examination offenses.

A conviction shows that you are not trustworthy and can be convinced to take wrongful actions by wrongful payments or other benefits. It could be difficult to gain admission to higher education institutions. People and organizations may be reluctant to offer you employment, make contracts, or offer you a loan or mortgage, knowing that you have been convicted on the integrity of a government licensing examination charges.

Possible defenses to Integrity of a Government Licensing Examination offenses

An effective defense is to raise doubts that you ever attempted to violate the components of the offense. These could include:

Showing that you altered an applicant’s grade by mistake;
Showing that you did not intentionally enter or cause another person to enter a false or inaccurate grade;
Showing that the answers you provided were not current questions on a pending government licensing examination;
Showing that you did not provide a copy of a current test; or
Showing that you intended to provide answers to an older test or give a copy of an older test to help an applicant study for the examination, but gave out current answers or a current test by mistake.

Why you need a lawyer if you’re facing charges under an Integrity of a Government Licensing Examination offense

If you are charged with under section 200.55 of the Penal Law, obtain legal assistance immediately. There are four different potential offenses under section 200.55. A strong defense requires lawyers knowledgeable about:

The different potential Integrity of Government Licensing Examination offenses;
How these offenses are investigated; and
How investigators may question you during an interrogation

Lawyers can assist you in making statements during the investigation.

You will need legal counsel that has defended others charged with one or more of these offenses to defend you. The prosecution will rely on documents and testimony to show that your words or actions that were intended to assist applicants in benefitting you and them. They will introduce these documents and present evidence through witnesses. Your legal counsel will be able to:

Analyze your specific situation to determine if you have been properly charged with the offense;
Develop the best possible defense to the charges, based on their experience in other cases and their understanding of your situation;
Examine the evidence and object to evidence that is improperly introduced in court;
Cross-examine witnesses to challenge their evidence and their credibility; and
Advocate forcefully on your behalf in all aspects of your defense.

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