Legal Question in Employment Law in New York

Criminal Investigation on background check

I had a search warrant issued and executed a few months ago, seeking evidence for a investigation. nothing has come of it, no charges filed yet, etc... I am currently looking for a new job, will anything show up on a criminal background check since this is just an investigation right now, or will there be some ''thing'' marked on my record.


Asked on 5/07/06, 12:46 am

1 Answer from Attorneys

David Simon Hogan & Rossi

Re: Criminal Investigation on background check

I can't imagine any possible way that would show up on a routine background check unless an employer had unauthorized and illegal access to the district attorney's records. If you have not been charged with any crimes and there are no cases pending and no convictions, nothing should show up. Even if you were convicted of something, if you pled to a lesser offense, many times you are entitled to have the file "sealed", but it sounds like you were never even charged with anything. Unless the search warrant was carried out at your place of business and your present employer made a note in your file, that's the only way I could conceive there is some documentation of the event. I look forward to seeing other responses to your question.

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Answered on 5/08/06, 1:36 am


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