Brooklyn, NY asked in Criminal Law and Employment Law for New York

Q: Have a misdemeanor, but was never convicted. Looking for a job and employer a doing background check.

Hello, I am a college student and when applying for an internship or a job, employer will do a background check.

This has held me back from receiving any offers. I can't even get jobs at major retail stores or contract work for Uber.

I have one misdemeanor, which was 3 years ago. I am one of the top students at Stern business school. I currently don't see a reason to finish my degree if I am going to be held back by this misdemeanor.

I have done some reading, but not sure if it also pertains to NYC laws. It say's after 7 years, it won't show up in background searches.

Let me know what's my best option.

Related Topics:
3 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: Are you being pennywise and dollar foolish?

Try to avoid paying any money so you are seeking advice on the internet of lawyers who have no access to the documents in your case?

Consult with a lawyer in the lawyer's office. Pay the consultation fee, if any.

Derek John Soltis agrees with this answer

V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: New York City is possibly the best city for a person with criminal issues to get a job. Regardless of conviction the crime or alleged crime may have no relation to your job duties. You do know that "ban the box" passed.

Consult with an employment lawyer for details. A degree never hurts.

Kristen Epifania
Kristen Epifania
Answered
  • Criminal Law Lawyer
  • Freehold, NJ
  • Licensed in New York

A: If you have a misdemeanor on your record, then that means you were convicted of a misdemeanor. If you're unclear about what exactly you have, you can get fingerprinted and go over your RAP sheet with an attorney. Misdemeanor convictions are permanent criminal records, however it is possible to apply for sealing after ten years have passed. Many people gain employment even with a misdemeanor conviction, so you should not let that deter you from finishing your degree.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.