You WERE arrested so why would you think it's okay to lie about that?
There is nothing to seal - that doesn't apply here. You were arrested and the charge was dismissed. That's exactly what will show up on your criminal history.
I'm just trying to figure out if thats true because Im getting conflicting information. I've read the following:
"answered 3 years ago. From the NY Bar Association:
"Any arrest which is not pending or did not result in a conviction is not considered an arrest according to New York criminal laws. N.Y. Executive Law Section 296, subdivision 16, prohibits such a question with limited exceptions, for example on applications to become a policeman. A file that has been sealed also allows the applicant to answer no. New York Criminal Procedure Law Section 160.50 which requires the sealing states that when a criminal action terminates in a person's favor all records shall be sealed "and not made available to any person. An ACD is a form of dismissal of charges and is not a conviction."
And I also read the following from one of the Law boards:
"Though I agree that one must always be honest, if your case is already dismissed and sealed as a result of a ACD then you may legitimately answer that you were never arrested. I am providing the relevant sections of CPL 170.56 for you. Specifically note subparagraph number 4 where it states that the arrest is a NULLITY.
(3). Upon or after dismissal of such charges against a defendant not previously convicted of a crime, the court shall order that all official records and papers, relating to the defendant's arrest and prosecution, whether on file with the court, a police agency, or the New York state division of criminal justice services, be sealed and, except as otherwise provided in paragraph (d) of subdivision one of section 160.50 of this chapter, not made available to any person or public or private agency; except, such records shall be made available under order of a court for the purpose of determining whether, in subsequent proceedings, such person qualifies under this section for a dismissal or adjournment in contemplation of dismissal of the accusatory instrument.
(4). Upon the granting of an order pursuant to subdivision three, the arrest and prosecution shall be deemed a nullity and the defendant shall be restored, in contemplation of law, to the status he occupied before his arrest and prosecution."
I also called the precinct where I was arrested who put me through to the records dept. where I was told my arrest record was sealed and wouldnt pop up on any search due to the fact that it's sealed. She said it would only show up if I was going for a police type job or trying to get a gun but not for any civilian type job. So I really don't know what to think.
