[harry_sai]

I was pleaded guilty of convicted of disorderly conduct PENEL CODE 240.20 in May 2006 in NEW YORK. The actual arraignment charges applied were 155.25.165.40. (That was for larceny from one of the store) for Which I was completely innocent and I refused to accept it during the first trial in the court, I was asked / insisted by public attorney to accept it, since he told me that It would be considered similar to a traffic violation. So during the second trial I accepted those without knowing the consequences. I was pleaded guilty of disorderly conduct. I performed community service for 6 days and my case was closed on 5-26-2007 (expunged and sealed) That is on my disposition certificate.

I faced very tough situation when I visited my home country and returned to USA. I was almost deported, I was taken in to custody at the airport based on this charges / arrest. Finally, DRO (Department of removal ) released me stating that it was a mistake from custom and boarder control police of USA who misinterpreted the disposition order of the court. I went to through this traumatic experience because of my previous conviction.

Now, I have been pursuing my undergraduate degree in Accounting from University of Maryland. I am worried about what will happen when I apply for jobs? Will these history will come up when someone does criminal background check? Should I change my major ? from accounting to some other branch?

I am under a lot of tension. Could you please respond to this ?

Regards

[Fr_Chuck]

The sealed record will not show up to normal background searches for jobs, They are viewable to police and for government security ( and of course for immigration)

Now this is because it is sealed in the official government records, there are dozens of private search firms, private background search companies, that review court records, and save data, if your court info got ito the private system, they have no legal requirement to seal since tthis is private information and true.

So normally no it will not be viewable unless you are wanting to work for the government, need to get a security clearance and so on.

[harry_sai]

The sealed record will not show up to normal background searches for jobs, They are viewable to police and for government security ( and of course for immigration)

Now this is because it is sealed in the official government records, there are dozens of private search firms, private background search companies, that review court records, and save data, if your court info got ito the private system, they have no legal requirement to seal since tthis is private information and true.

So normally no it will not be viewable unless you are wanting to work for the government, need to get a security clearance and so on.

Thank you very much for the prompt reply.

I have another question regarding this criminal background check. I am to rent an apartment and they asked to go for criminal background check. Will my arrest history appear, and I will be denied ? I think I will have this sword hanging on my neck through out my life. Is there any way to get rid of this problem permanently?

Regards

[stevetcg]

These were misdemeanor charges correct? If so, I wouldn't be too concerned about them. Minor charges are minor. You could get a misdemeanor charge for littering.

So even if it DOES appear, I wouldn't worry about it affecting most of your life. Ive got 2 misdemeanor charges on my record and I've never been denied a job or housing.

[JudyKayTee]

The sealed record will not show up to normal background searches for jobs, They are viewable to police and for government security ( and of course for immigration)

Now this is because it is sealed in the official government records, there are dozens of private search firms, private background search companies, that review court records, and save data, if your court info got ito the private system, they have no legal requirement to seal since tthis is private information and true.

So normally no it will not be viewable unless you are wanting to work for the government, need to get a security clearance and so on.

I will add that it may very well show up on a licensing background check - you mention accounting as your major. If you intend to become a CPA a full background check will be done and it WILL appear.

(I'm in NY and the charges actually were theft, possession of stolen merchandise and disorderly conduct - I think you were lucky you got off with a slap on the wrist. You could have faced at least a year in jail without the plea deal.)

[excon]

Hello:

Let me just throw in MY two cents...

I see that your record was "expunged and sealed". Who did that? What I mean is, what entity is expunging your record, and from where is it being expunged?

As the Padre mentioned, once the information is in private data basses, the government has no ability to erase those entries... Today, information gathering is BIG business. I don't know who has your record, but I'll bet some do.

However, I'm going to address the FBI, and THEIR database. I KNOW, according to law, they SHOULD erase your record from public view. But, it's a STATE law, number one, and even if it was a FEDERAL law, I don't believe the FBI is going to obey it anyway.

That's just my opinion. I've been wrong before.

excon