Can an employer see an unsealed disorderly conduct charge in NY ?

UPDATED: Oct 1, 2022

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Can an employer see an unsealed disorderly conduct charge in NY ?

I was arrested twice almost 3 yrs apart of possession of a
controlled substance in the 7th degree. Misdesmeanir A.
Both got dropped to disorderly conduct and wasnt sealed.
No jail time. Im just worried about future employment and
dont know what to say or do. Employers have a 0 tolerance
for drugs.

Asked on January 21, 2018 under Criminal Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, an unsealed charge against you which was not made in family or juvenile court (that is, while you were a minor) is a public record, and an employer who runs a criminal background check (as so many do nowadays) could see it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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