If my 16 year old daughter was charged with petit larceny for shoplifting socks but the case was dismissed and sealed, must it be disclosed on applications?

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If my 16 year old daughter was charged with petit larceny for shoplifting socks but the case was dismissed and sealed, must it be disclosed on applications?

My lawyer got the case dismissed and sealed. Since she will be applying for colleges soon, can she check the “No” box if it asks her if she was ever arrested? Also, can she check the “No” box if it asks her if she was ever charged with a crime? I did some research online and it says that if a case is dismissed and sealed in our state, it’s as if it never happened so she does not have to disclose any information regarding that case. Same for when she applies for jobs in the future. Can she legally say that she was never arrested nor charged with a crime?

Asked on June 28, 2015 under Criminal Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

She can legally tell ordinary employers that she was not arrested.  Emphasis is regular employers in the private sector.  Because the record is sealed and she was a minor, regular employers should not have access to this information.

However, keep in mind that governmental entities usually have access to broader criminal histories than the public sector employers.  If she is applying for a job with some type of agency that may have access to her info, she may want to disclose is and just address it up front.  If she doesn't want to disclose it, then I would suggest that your daughter seek an expunction to get it off of her record completely.

 


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