What will appear on my criminal history record if 7 years ago I was arrested for petty larceny as an adult but I was not convicted?

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What will appear on my criminal history record if 7 years ago I was arrested for petty larceny as an adult but I was not convicted?

I am now applying for dental school and they run a background check on all applicants. Is there any way to expunge this case? I know it is on my record for sure because it showed up when I crossed over the border into Canada a few weeks ago.

Asked on April 17, 2012 under Criminal Law, New York

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

Unlike some other states, New York does not allow for expungment of criminal records except in rare drug treatment pleas. You say you weren't convicted of the Petit Larceny but you don't say what the result of the case was.  New York does have other legal mechanisms that could result in your case being sealed.  However, without knowing the exact outcome of your particular case, it's impossible to say what could or should have been done.

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

If you were never convicted, then I doubt if this will appear on your criminal record. Only convictions are documented, however if you plead guilty or were placed on a deferred sentence in which the larceny case would be dismissed upon a completion of probation, then this information may appear in a background check despite the non-conviction. The best way to know for certain is to pull your criminal history from the State Police. If it does appear, then contact a criminal defense attorney in your area to determine if you qualify for an expungement.


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