If my case was dismissed, will I have a problem applying for a job if they take my fingerprints?

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If my case was dismissed, will I have a problem applying for a job if they take my fingerprints?

Shoplifting of $125. The police were called and I paid a $500 fine. I  went to the court and the judge sent me for classes after that they returned me the $500 fine. That was it. My lawyer said that this incident will not appear in my record after 6 months but some people tell me that this isn’t true. I am cofused because I went for a job and they going to take my fingerprints. I am afraid that this will appear in my record. The case was dismissed but will this still be a problem?

Asked on September 13, 2010 under Criminal Law, New York

Answers:

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

Answered 10 years ago | Contributor

Your fingerprints and the record of your arrest may still be on file. If they are you will need to have your record sealed. At that point your record will not be generally open to the public therefore it will not need to be disclosed on employment applications. What you need to do now is to run a background check on yourself; that is to get a copy of your criminal record (rap sheet). The cost ranges between $55.00 and $61.50. There are 2 agencies that you can use for this. Each respective agency has a web-site that explains in detail the procedure for getting a copy of your criminal record.

Division of Criminal Justice Services (DCJS) at: http://www.criminaljustice.state.ny.us/ojis/recordreview.htm.  This is a fingerprint based search. Both sealed and unsealed information will be listed on it and marked accordingly.

New York Unified Court System site at: http://www.nycourts.gov/apps/chrs/ . This is not a fingerprint based search and so may not be as accurate as the one conducted by the DCJS. This typically shows your record as an employer will see it.


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