Involuntary Commitment

[Devosmajo]

Is it possible for employers to see involuntary commitment for pre employment background checks? If so how does one seal this issue in the state of New York

 

[Just Blue]

Is it possible for employers to see involuntary commitment for pre employment background checks? If so how does one seal this issue in the state of New York

What kind of job?

 

[Devosmajo]

Accounting or investment banking

 

[FlyingRon]

While such information is largely protected, there are specific exceptions. You didn't indicate what sort of job you are looking at.

You can get it sealed provided that the commitment was "by reason of fraud, error, or falsified documents." Also if it has been three yaers since you were an inpatient and it is demonstrated that you are not currently suffering from mental illness, you can petition to have it removed. It however IS NOT automatic, the state will grant it only if it is presumed to be both your and society's best interest (kind of akin to parole).

I see you have updated the info. If you're talking about a FINRA check, I would suspect you won't have a problem unless t his is related to some criminal offense.

 

[Devosmajo]

While such information is largely protected, there are specific exceptions. You didn't indicate what sort of job you are looking at.

You can get it sealed provided that the commitment was "by reason of fraud, error, or falsified documents." Also if it has been three yaers since you were an inpatient and it is demonstrated that you are not currently suffering from mental illness, you can petition to have it removed. It however IS NOT automatic, the state will grant it only if it is presumed to be both your and societies best interest (kind of akin to parole).

Accounting or investment banking

 

[cbg]

I won't say there can't be specific exceptions, but in the overwhelmingly large majority of cases no. There is no way for an employer to see that kind of information.

 

[Devosmajo]

Does emergency admission specifically go on your record?

 

[FlyingRon]

You act like there is a single "record." A background check looks at a variety of sources. What can be disseminated from mental health is pretty well laid out by NY State and federal laws. Except in the cases where there is a clear societal need to block those with such a history, the information is protected. As far as a private company, not involved in governmental or security work, or that requiring a firearm, or the like, it's not likely to be disclosable to the employer. As I stated, as for financial checks, these are more concerned with you personal credit and financial involvements and criminal activity. So, unless this commitment had something to do with a crime (i.e., you were committed rather than being formally convicted), it's not likely permitted to be disclosed.

 

[Devosmajo]

You act like there is a single "record." A background check looks at a variety of sources. What can be disseminated from mental health is pretty well laid out by NY State and federal laws. Except in the cases where there is a clear societal need to block those with such a history, the information is protected. As far as a private company, not involved in governmental or security work, or that requiring a firearm, or the like, it's not likely to be disclosable to the employer. As I stated, as for financial checks, these are more concerned with you personal credit and financial involvements and criminal activity. So, unless this commitment had something to do with a crime (i.e., you were committed rather than being formally convicted), it's not likely permitted to be disclosed.

What do you mean by “you were committed rather than being formally convicted”?

 

[quincy]

Here is a link to patient rights from the New York Office of Mental Health:
https://omh.ny.gov/omhweb/patientrights/inpatient_rts.htm

If someone is arrested, the arrest is a public record, but if the arrest results in an involuntary commitment, privacy laws kick in.

 

[Devosmajo]

Is it considered involuntary commitment if the examiner deems you not meeting the standard for involuntary commitment?

 

[quincy]

Is it considered involuntary commitment if the examiner deems you not meeting the standard for involuntary commitment?

I don’t know what you mean.

 

[Devosmajo]

The police and the ambulance took me to the hospital but the examiner their discharged me right away. Is that considered involuntary commitment?

 

[quincy]

The police and the ambulance took me to the hospital but the examiner their discharged me right away. Is that considered involuntary commitment?

You were held without your consent for a medical/mental health evaluation, correct?

 

[Devosmajo]

Yes