please advice: dismissed misdemeanor

[mia123]

yoohoo! I got it! Thanks guys!!!! I am so overwhelmed!

 

[Heather2]

yoohoo! I got it! Thanks guys!!!! I am so overwhelmed!

Congratulations!!!!!!!

 

[rlrl]

If you were in NY...

and you had the charge dismissed, your entire record would be sealed under 160.50 of the NY CPL. It's called a favorable disposition sealing. No record on the court level and no record with the state fingerprints(except with the police if you will be carrying a gun). Furthermore a new statute 160.60 was recently added that says that the defendant can truthfully state that the arrest never happened if they have a sealing under 160.50. Any way it is illegal for an employer in NY to ask about arrests. They can only ask about convictions.

It seems maybe that all states are not created equal in the event of an arest that did not lead to conviction. That notation that you talk about-"petty theft-dismissed"- is something that in NY only the police would know about.

 

[daejeon]

and you had the charge dismissed, your entire record would be sealed under 160.50 of the NY CPL. It's called a favorable disposition sealing. No record on the court level and no record with the state fingerprints(except with the police if you will be carrying a gun). Furthermore a new statute 160.60 was recently added that says that the defendant can truthfully state that the arrest never happened if they have a sealing under 160.50. Any way it is illegal for an employer in NY to ask about arrests. They can only ask about convictions.

It seems maybe that all states are not created equal in the event of an arest that did not lead to conviction. That notation that you talk about-"petty theft-dismissed"- is something that in NY only the police would know about.

Most employmers get a "consumer report", which can not show arrests after 7 years. Just google for this act and you will see what they can or can not look at. Convictions will stay on the report and there are some exceptions to the 7 year rule, such as security guard firms.

Be wary of firms offering to "clear your record" for a fee. The only thing they can do if there was no conviction is get your fingerprint record at the FBI removed. You can do this at no cost yourself, and it still will NOT remove the arrest from the state's court access facility.

It is better than nothing, however, and would advise getting your fingerprint file from the FBI removed.

Then the only way they would have access would be to directly go to court access, which would probably violate the federal law allowing only the consumer report be used for pre-employement checks.

If you could prove that they went directly to court access you could probably sue the pants off them for denying employement.

Most large firms won't put themselves in that position, but be wary of small firms who may try to be sneeky.