Summary
A felony reduced to a misdemeanor in new york usually appears as a misdemeanor on background checks, but original charges might still be visible. Sealing records involves eligibility checks, petition filing, notifying the district attorney, and a court hearing. Consult a local attorney for guidance on sealing eligibility and process.Full Conversation
When I have a background check done as part of an employment application and I have a felony charge that been reduced to a misdemeanor out of a plea bargain what shows on the record and how is it used by the employer in New york?
Hey ****! Generally, in New York, if your felony charge was reduced to a misdemeanor, the background check will show the misdemeanor conviction. Employers can see this during the background check and may consider the nature and relevance of the misdemeanor to the job you're applying for.
Do you have any specific concerns about how this might affect your job application?
Yes I'm concerned that the felony charge will show up with the misdemeanor conviction and my employer may use that information to not hire me
In New York, a felony reduced to a misdemeanor will typically appear as a misdemeanor on your record. However, some background checks may show the original charge and the outcome. Employers can consider both.
You might want to consult a local attorney about potentially sealing the record or how to best present this situation to potential employers. Would you like to be connected to local lawyers who can help you further with this?
No, what would the process generally look like and trying to get a record sealed and what does it require?
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To seal a criminal record in New York, the process generally involves:
- Eligibility Check: Confirm that you qualify (certain misdemeanors and felonies after 10 years).
- Petition Filing: File a motion to seal records with the court.
- Notice to DA: Serve a notice to the District Attorney.
- Court Hearing: Attend a hearing where a judge decides if sealing is appropriate.
Do you have any other questions related to this process?
Yes, I was originally charged with burglary in the third criminal mischief in the 4th and petite larceny. my plea however involved guilty to the parenting and criminal mischief and burglary were dropped. How would that appear on a background check? And are they sealable charges?
Case Rating: *
Your background check will typically show the charges you pled guilty to, which are petty larceny and criminal mischief. The dropped charges (burglary and criminal mischief in the 4th) might still appear depending on the depth of the background check.
Sealing Eligibility in New York:
- Eligibility: Certain misdemeanors and felonies can be sealed after 10 years if no new crimes are committed.
- Process:
*. Eligibility Check: Ensure your convictions are sealable.
*. Petition Filing: File a motion to seal records.
*. Notice to DA: Serve notice to the District Attorney.
*. Court Hearing: Attend a hearing for the judge's decision.
Would you like more detailed guidance on any specific part of this process?
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