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

Asked over 1 year ago - 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. Joseph A Lo Piccolo

    Contributor Level 20

    9

    Lawyers agree

    1

    Answered . 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... more
  2. Eric Edward Rothstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.... more
  3. John J. Carney

    Pro

    Contributor Level 14

    2

    Lawyers agree

    1

    Answered . 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.

  4. David B Pittman

    Pro

    Contributor Level 20

    4

    Lawyers agree

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

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