IfI was arrested for shoplifting and it was reduced to a disorderly conduct violation, will this come up on a criminal history check?

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IfI was arrested for shoplifting and it was reduced to a disorderly conduct violation, will this come up on a criminal history check?

I am trying to get a job but first my background check needs to be cleared and I need to go and get my fingerprints processed to “obtain criminal history information” (NY and the FBI). I was told in court if I’m asked have I ever been convicted of a crime to say, “No”. But will it still show up that I was arrested?

Asked on October 9, 2010 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In NY you can “seal” records of some criminal and non-criminal violations/offenses, including a disorderly conduct violation. This means that while your criminal record will not be physically destroyed it will be hidden from public view. Once the record is sealed, the related fingerprint and palmprint cards, booking photos, DNA samples, and all official records are destroyed. Since a sealed record is not generally open to the public it does not have to be disclosed on employment applications. However, while those convicted of a violation are protected in substantially the same way as those who are convicted of other sealable offenses (ie state records, police records and records in the prosecutor’s office are sealed), court documents at the local court level are not required to be sealed for those convicted of a violation (they are for those convicted of a crime). Therefore, these records are publicly available at the courthouse and can be obtained by an employer or anyone else who is willing to go and review these files.

At this point, once you obtain your criminal record, you should consult with a criminal attoreny that sepciales in sealing criminal records. They can more fully inform you of your rights.


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