Mr. Brill is, of course, correct that there is an appellate procedure. I did not mean to suggest otherwise; if I did, I would not have suggested that I could provide help. I merely meant to suggest that the failure to reveal arrests has, in my experience, been a reason for rejection that has been ruled valid.
Thank you Mr. Goldberg, and Mr. Brill for answering my question. To Mr. Brill, I did put on my application the details of this incident on the part that asked was I ever questioned my police, because that what I was told by the police, “you’re not under arrest we just need to ask you some questions”. On the same application I answered no, when asked if I was ever arrested. During my interview with my investigator she stated that this arrest came up. I explained to her what happened and that I did disclose this incident on my application because I had nothing to hide. I went to criminal court and was given a paper that stated “undocked arrest” “prosecution was declined.” I thought this would not be an issue for hiring since I was never charged, or convicted of any crime.
As part of the appeal process, you would be able to get more details about the basis of your disqualification. If the civil service commission upholds the disqualification, you also have a right to sue in New York Supreme Court, if you so choose.
Peter E. Brill, Esq.