Finished grad school and currently seeking employment. How to answer the question about my record. will it show up on my records

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9.5 years ago i was arrested for petit larceny in NYC and i plead guilty. On my disposition letter it stated " sealed after 1 year... also printed are these penal codes (155.25) and 240.20. it is also sealed with under 160.55... please explain if i have a misdemeanor or disorderly conduct. Never got into trouble since then and it will remain this way..

Attorney Answers

3
Michael Litman ·
From the information you provided, it sounds like a petit larceny (155.25) misdemeanor was reduced to a disorderly conduct (240.20) violation. You probably plead to the disorderly conduct and were given a one year conditional discharge. After that one year, the disorderly conduct would be sealed pursuant to Criminal Procedure Law 160.55. So if that is the case, this is not a criminal conviction because a violation is not a crime. As far as showing up on your records, it depends on what job you are applying for. It may be visible for government jobs and jobs that you need a gun permit for, but not visible for private sector jobs. Good luck!
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Shashi Jairam ·
If your record is sealed (you should check to verify), you may answer no to arrest or convictions questions. If you apply to an agency who has a right to know, they usually tell you to answer the question regardless of sealed or expunged records. Eg. Law school, State Bars, law enforcement, Federal gov't, etc. Good luck!
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Dana Atchley ·
If it was sealed under 160.55, then it must have been a violation you pled guilty to, and that would be the 240.20. You should check to make sure it's sealed, but generally speaking, it should not show up on an ordinary background check performed by a private employer (unless, e.g., security clearance is required, or the like). Keep in mind that under a 160.55 sealing, the files of the court where the case was handled are not sealed so if someone were to go to the court and see the actual files, they would be able to.
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