If you seal or expunge your record it will not show up as a charge on background searches, however, the arrest will always show up. If the charges were dropped, it will state that they were dropped but it will always show that you were arrested for that cause originally.
If this was a juvenile record and was sealed it will not show up on a normal background check. Generally a normal background check will only show convictions, not arrests. The police would know of the arrest, but a background check wouldn't reveal it, unless it was a very in depth check.
Well scottgem, as a fellow NYS resident, I have asked around to find out the verdict to whether records can be expunged in NYS
The first person I asked was the Queens county crim court clerk, who told me that criminal records are not permitted to be expunged in NYS if they are misdemeanor or felony convictions
Also, I have looked online and I have found evidence supporting both sides of the issue
My question is, is there anything to expunge if I was never convicted of anything?
Is a dismissal and a sealing good enough?
What about arrest records? Are they sealed along with the court records?
And also, as you may know, financial institutions are amongst the few categories of employers that may look through your criminal record ( along with teacher positions, law enforcement, etc.), although I am not sure whether they can look at sealed records without a court order
And what is stopping an employer from obtaining a court order to look at my sealed records, if they do a thorough background check and see something like
06/09- Dismissed and Sealed
Wouldn't they think something is up
Isn't it infinitely more preferable to have an impeccable record, producing a result: "no record found"
Or is that the answer that would return in a background check since my record is sealed?
True, I was charged when I was 16 years old, but people 16 years old and older are susceptible to being arrested anyway, and I didn't get the case heard in criminal court; it was heard in queens county criminal court.
The court also heard many adults' cases, so I am not sure anymore.
OK, on the "government" search of records ** your NCIC records** the arreest will never show up to the publc and if the case was dismissed, then the arrest means nothing, since you were not convicted.
Now if the dismissal was part of a pre-sentence arrangement then that may show up as such but again only to law enforcementand to national security job searches.
The things is, that merely being arrested is not a "record" since lots of people who are not guilty get arrested and then changes dismissed.
Now here is where an issue is, if that record has gotten into a private background search computer record, there is no seal, no explunging of that record, since it is a private company that has those records. And thus the issue, a lot of companies use private search companies that search lots of internet and data bases for info that would be sealed in the real government records.
My young sister is involved with a guy who has recently been in trouble with the law. He is out on bail and has a court date and yet says he was never charged. He was arrested but never charged. Could this be true? Am I wrong in thinking that if you are on bail to appear in court you must have been...
I was wrongly convicted of an attempted murder in 1991. I did ten years in prison before my conviction was overturned and vacated by the Indiana State Supreme Court. I was blessed with a job upon release, but every time employers run a check on me "Murder" comes up on my arrest record. What can I...
If a person was arrested and in the end, did not receive a criminal record, is that person still bondable? Will the arrest show up when a security check is done on that person? This relates to law in Ontario, Canada.