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  1. Person is guilty of disorderly conduct when,...

    Person is guilty of disorderly conduct when, with intent to cause
    Public inconvenience, annoyance or alarm, or recklessly creating a risk
    Thereof:
    1. He engages in fighting or in...
  2. Prohibited Criminal Records Disclosures. ...

    Prohibited Criminal Records Disclosures.
    NY GEN BUS § 380-j provides: “(a) No consumer reporting agency shall report or maintain in the file on a consumer, information: (1) relative to...
  3. The above has to do with when an employer uses a...

    The above has to do with when an employer uses a Consumer Reporting Agency to do a background check. Though the OCA will report the violation to the Consumer Reporting agency or anyone since it is...
  4. It had to do with someone who applied for a job...

    It had to do with someone who applied for a job at Sears. They had a violation and they were denied the job when the NY credit reporting laws prohibit violations from appearing in background checks...
  5. cozzia it looks like your case is in California....

    cozzia it looks like your case is in California. You have to consult your court of record for the best answer to the question. Generally though, if the charge was an outright dismissal, you would not...
  6. Criminal History Record Search - FAQs - Unified...

    Criminal History Record Search - FAQs - Unified Court System

    Court records background check in ny
  7. violation convictions have showed on the OCA...

    violation convictions have showed on the OCA background checks; however, a court case in 2007 has resulted in violations no longer being reported at the OCA on background checks
  8. Background check of the court records(thru the Ny...

    Background check of the court records(thru the Ny State Office of Court Administration) can be conducted by anyone with $65 and a name and DOB of the subject. Results will give the conviction info...
  9. I have a this con conviction in ny--it's supposed...

    I have a this con conviction in ny--it's supposed to be a violation(unless the -07 means misdemeanor) in NY
  10. Sounds similar to the 160.55 sealing in NY when...

    Sounds similar to the 160.55 sealing in NY when you plead guilty to a violation after being charged with a misdemeanor. After a year when your fine is paid and your sentence completed, your arrest...
  11. Answers
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    Views
    15,963

    I work in the mental health field in NY. Where I...

    I work in the mental health field in NY. Where I work all new employees and some existing employees (particularly those who have "substantial close contact with clients") have to submit to a...
  12. Exactly what I had been trying to ask. The 160.55...

    Exactly what I had been trying to ask. The 160.55 statute says the prosecutors papers are sealed

    But then I wonder, are they unsealed for those who have been convicted of a misd or felony?
  13. I understand, 160.55 makes the prints not show up...

    I understand, 160.55 makes the prints not show up unless you are printed by the police or going to license a gun

    And I understand someone could get info from the court since there was a conviction...
  14. Question about info in the prosecutor's office on a disposed/sealed case

    In 1996 I was charged with a class B misdemeanor in NY and pled guilty to a violation which is a non- criminal offense in NY

    A year later the case was partially sealed under NY CPL...
  15. Here's 2 FCRA guidelines: New York FCRA-Arrest...

    Here's 2 FCRA guidelines:

    New York FCRA-Arrest Info pertaining to an arrest or criminal charge may not be reported unless there was a criminal conviction for the arrest or the arrest is still...
  16. Answers
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    Views
    49,949

    Question here. In 1996 I was charged with a...

    Question here. In 1996 I was charged with a misdemeanor and pled guilty to a non criminal violation. My NY rap sheet was sealed as per NY state CPL 160.55 and FBI prints expunged

    This has never...
  17. A conviction IS a disposition The only...

    A conviction IS a disposition

    The only convictions that get sealed in NY are violation (non criminal offenses) convictions like this con or harassment

    Crimes convictions like robbery in NY...
  18. Answers
    12
    Views
    3,028

    I don't know how other states are but in NY a...

    I don't know how other states are but in NY a pending prosecution will show up on both a fingerprint check and a court level background check. If a Consumer reporting agency pulls the record from the...
  19. You don't have any control over what shows up. A...

    You don't have any control over what shows up. A better way would be to find out what the criminal history question asks so you can know how to answer. Some state specific questions will tell you to...
  20. Answers
    4
    Views
    1,198

    How is the criminal history question worded?

    How is the criminal history question worded?
  21. Answers
    16
    Views
    3,485

    Fr Chuck if someone applying for a security...

    Fr Chuck if someone applying for a security clearance honestly checks "no" to the questions because their arrest/conviction didn't apply (was over 7 years ago and wasn't a misdemeanor) and the info...
  22. Answers
    16
    Views
    3,485

    Yes Fr Chuck you are absolutely right, there is a...

    Yes Fr Chuck you are absolutely right, there is a record of the guilty plea in the court which is accessible by anyone, including background reporting companies

    However, security clearances,...
  23. Answers
    16
    Views
    3,485

    The court in NY that issues the sealing order...

    The court in NY that issues the sealing order doesn't contact the FBI to order expungement. They order NY DCJS to destroy the prints (a set of prints remains for LE however) so it does not show up on...
  24. Answers
    16
    Views
    3,485

    So is it that the info about the arrest is...

    So is it that the info about the arrest is removed when expunged but that the prints name and SS# stay?
  25. Answers
    16
    Views
    3,485

    My prints would have remained in the system until...

    My prints would have remained in the system until NY ordered the expungement which they told me in writing they did and it appears it was done since my prints were returned with no arrest record...
  26. Answers
    16
    Views
    3,485

    So why did my FBI record come back with a no...

    So why did my FBI record come back with a no records found when I ran my prints? NY sent me a letter saying the expungement order was sent to the FBI

    Are you saying they won't show up on a check...
  27. Answers
    16
    Views
    3,485

    With respect to purging and file destruction, I...

    With respect to purging and file destruction, I can tell you this

    In NY when a defendant is arrested but not convicted of a crime, the record is what is known as "sealed" which means that the...
  28. Answers
    16
    Views
    3,485

    The jurisdiction and court you were involved...

    The jurisdiction and court you were involved with, public defenders office associated with that court or a criminal lawyer are the best people to answer your questions

    I can tell you that in NY...
  29. Contact the clerk of the courts you were involved...

    Contact the clerk of the courts you were involved with because it involves criminal procedure laws specific to Canada

    Like I say the public defenders office associated with your courts or a...
  30. Answers
    3
    Views
    1,700

    I think the best people that can answer that...

    I think the best people that can answer that would be those from the state bureau who maintain the sex offender registry in the state he was convicted in

    They are familiar with the rules and...
  31. As I always advise, find out either from the...

    As I always advise, find out either from the sentencing court, a criminal lawyer or a public defenders office associated with the court of sentencing

    It would help for you to have the exact name...
  32. Answers
    2
    Views
    1,219

    I think it would help for you to inquire with...

    I think it would help for you to inquire with both the court system that will be hearing your case in Ga and the Ga GCIC regarding your question.

    I say this because the way it works in NY at...
  33. Answers
    2
    Views
    429

    In NY a 160.50 is an outright sealing of both the...

    In NY a 160.50 is an outright sealing of both the arrest and disposition. It is supposed to be sealed immediately unless you have an ACD whereby the record remains unsealed for about 6 months
  34. Answers
    2
    Views
    1,035

    I checked it but I don't know what the CCR means...

    I checked it but I don't know what the CCR means 375.1 of the NY State VTL is an equipment violation
  35. Answers
    2
    Views
    725

    Kind of hard to find out because DMV records are...

    Kind of hard to find out because DMV records are pretty much confidential and to find a conviction you would have to know where to search for a record(there are over 3000 courts of record in the...
  36. Answers
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    Views
    361

    Fr Chuck question re expungement

    Fr Chuck I pled guilty to a non criminal offense in 1996 after being charged with a misdemeanor in NY

    I am considering applying for a Social Worker license in Ga equivalent to the one I have here...
  37. Question: Preemployment

    by rlrl2010
    Answers
    2
    Views
    461

    http://hr.4act.com/documents/State_Laws_and_Their_...

    http://hr.4act.com/documents/State_Laws_and_Their_Impact_on_Use_of_Criminal_Records_for_Emplo.pdf

    See link above. Look for SC and NC
  38. Answers
    2
    Views
    355

    Not sure about other states but in NY it's an...

    Not sure about other states but in NY it's an automatic license suspension or revocation
  39. Answers
    4
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    577

    In NY reckless driving is a misdemeanor. In NY...

    In NY reckless driving is a misdemeanor. In NY regardless of sentence even if no jail or fine the applicant has to check "yes" because it a misdemeanor

    What state was the OP convicted in?
  40. Answers
    4
    Views
    577

    I don't know about other states but in NY a...

    I don't know about other states but in NY a misdemeanor is a crime as is a felony
  41. My "experience" is that of being a defendant 15...

    My "experience" is that of being a defendant 15 years ago when I pled guilty to a violation in NY.

    Look at my link to the NY State UCS criminal history search--look under "what kind of info is...
  42. Criminal History Record Search - FAQs - Unified...

    Criminal History Record Search - FAQs - Unified Court System

    Link above for NY State CHRS background check says that information is returned on pending and disposed cases

    I don't know if other...
  43. I can't speak of other states but I do know that...

    I can't speak of other states but I do know that a NY State fingerprint check will reveal a pending charge and a court records check (by name and DOB) will also turn up a pending arrest. The only...
  44. Answers
    5
    Views
    1,390

    A conditional discharge is like an unsupervised...

    A conditional discharge is like an unsupervised probation. I had a conditional discharge when I was charged with a misdemeanor but pled to a violation in NY 15 years ago. The conditions were to pay a...
  45. Answers
    7
    Views
    303

    Well to shift the topic a little bit, if an...

    Well to shift the topic a little bit, if an employer loses and the plaintiff(employee) wins, technically the employer was in the wrong, so what do you think about the plaintiff being "sue crazy" in...
  46. Answers
    2
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    2,582

    Divide 31,000 by 26 is $1192.30

    Divide 31,000 by 26 is $1192.30
  47. Answers
    7
    Views
    303

    Judgments and public record

    Way back when I used to listen to the radio lawyer Bernard Meltzer(aka "Uncle Bernard" RIP) I remembered him telling some callers who wanted to sue their employer not to do it because a future...
  48. They can do this. They want to know the outcome...

    They can do this. They want to know the outcome of the case. If you were acquitted at trial or the charge was dismissed, then they would have way less of a case not to hire you, but until that...
  49. You have to be careful.I don't how other states...

    You have to be careful.I don't how other states operate but in NY a pending prosecution would show up on a background check, whether on a fingerprint check or from an office of court administration...
  50. A friend of mine was charged for assaulting a...

    A friend of mine was charged for assaulting a police officer and could have served up yo 7 yrs in jail if convicted of the felony

    However the police supposedly knocked off her glasses or did...
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