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Arrest Record, Background Check, Wrong name!

New York, NY |

I was arrested and convicted of a misdemeanor charge in NYC last year. But when I was arrested, police filed my name wrong on record. For example, if my name was Alexander Miller, the police put my name as Alxander Miller (missed one letter in my first name) and the same wrong name went to court files as well (in my disposition letter, its also the wrong name). So, my question is, if someone does my background check from my full name, will they be able to see anything in record? Or since the arrest and court records have different name, they wont be able to see anything from my original name?

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Attorney answers 3

Posted

If they do a fingerprint check it will show up. If they do a check by name and date of birth it is so close that it will likely show up.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

At the time of your arrest, or at least before arraignment, you were fingerprinted. Your rap sheet contains information other than the name you were prosecuted under. It has your address, your date of birth, and your social security information. I believe that any decent researcher seeking your criminal history will find it. Let's hope that they do not further ostracize you because of your use of another name.

Posted

I agree with my colleagues. It can still show up.

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