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Are employers able to detect a shoplifting case which has not been sealed yet?

New York, NY |

I have had a shoplifting case in NY for minor value, I want to know whether employers will be able to detect that before my case is sealed or not?
How can I make sure that it has been sealed after my ACD is over?
While doing applications for jobs, do I have to agree with violations or misdemeanor questions that application has? I have Class C Misdemeanor.

Attorney Answers 4


  1. If this is in NY, there is no such thing as a Class C Misdemeanor.
    Employers can find an open case during the 6 month period. Once it's dismissed and sealed, it cannot be found.
    You can contact the NYS DCJS to verify or go to the court.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  2. Was this in NY? NY does not have Class C misdemeanors. In NY an employer could see the case before it seals. The sealing should be automatic and you can check at the court.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  3. Check wit the court to see if it still show up.


  4. Your case will be sealed after the 6 month period of the ADC, but it could take a week or more to be adjusted on the computer system that New York uses for background checks. It will still appear on the NYSID computer that the police use and if you apply for a government job, police, FBI, or other position they will see the arrest and disposition. Please choose best answer if this was helpful. If you want to make sure it was sealed ask for a Certificate of Disposition from the clerk of the court.

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