If charges are filed against you but your case is later dismissed, is your fingerprint card deleted from the police data base?

It would stop me from employment as a nurse.

Asked on July 25, 2014 under Criminal Law, New York

Answers:

Richard Southard / Law Office of Richard Southard

Answered 6 years ago | Contributor

Actually the police are not required to return them to you.  it is in their discretion whether to destroy them or return them to you. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

NYS law requires that the police destroy or return to you any record of the arrest and to demand that any agency that they forwarded the information to do the same. Moreover, a sealing is supposed to occur under CPL (Criminal Procedure Law) section 160.50 in New York when a criminal charge is dismissed completely.  You are going to need to follow up on this or hire an attorney to do that for you.  Start by running a background check on yourself. It will be well worth the money. Good luck.


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