Will a sealed after conviction case show up on a background check?
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Will a sealed after conviction case show up on a background check?
Seven years ago I was charged with petty larceny and given 5 days community
service. My case was then sealed after my community service was completed and I
have a disposition saying ‘sealed after conviction to CPL 160.55’. I am now
trying to enter the health field but am worried my background check will show
this case and hinder my success. So I would like to know what will be seen in my
background check for employment?
Asked on June 11, 2016 under Criminal Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If a record is sealed, it still exists, but is not accessible by the public without a court order, which no one should know to apply for (and which is rarely given, anyway). It is still accessible by the government under certain circumstances. So a sealed record should not show up on a background check for the private sector, since the private sector (i.e. no-government agencies, services, businesses, etc.) have no right of access to sealed records. If applying for certain government jobs, it is possible it would show up
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