Legal Question in Criminal Law in New York

backround check question

I was charged with two class A misdemeanors of Petit Larceny and Criminal Possession of a Controlled Substance in the Seventh Degree. I was prompted to take a plea bargin which would dismiss the two misdemeanors and plead guilty for one count of disorderly conduct which is a violation. My lawyer informed me that i could still mark no on applications for jobs that ask about arrest for felonies or misdemeanors. However if they run a backround check and in some cases fingerprints what will they see? I am just concerned due to looking for a new job.


Asked on 9/21/08, 11:25 am

1 Answer from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: backround check question

Generally, in bacground checks they look for convictions not arrests. In such a case you would have no criminal conviction associated with this arrest. ALSO most questionairres ask if youve been CONVICTED and not ARRESTED of a felony/ crime... this you could honestly answer no to, as your plea was for a violation and not a crime.

I would strongly suggest that you go back to the court where you were seen and get a 'letter of disposition' there is a $10.00 fee, and this is document which simply states the outcome of your case! in situations like yours it is important ot have in case there is a background check, and something fishy comes up you can simply submit a copy of the letter of disposition... make sure you keep the original in a safe place.

GOOD LUCK!

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Answered on 9/21/08, 1:59 pm


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