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Does a disorderly conduct violation show up on a background check for employment?

West Henrietta, NY |

I had a petty larceny plea - down to a disorderly conduct. Will this violation show up on a background check?

Attorney Answers 3

  1. It will seal but when it seals depends on what your sentence was. If you did anything that required a Conditional Discharge such as community service, it will not seal until 1 year after the sentence date. If you just paid a fine (not the court surcharge) it will seal upon payment.

    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.

  2. It should be sealed 1 year after your plea but the arrest often still shows up in which case you may have have to pay a criminal lawyer a small fee to have it expunged.

    My communications on this site are for the purpose of educating the general public about legal issues and not for offering situation-specific legal advice. By answering your questions, I am not agreeing to serve as your attorney, and my answers should be treated as they are intended - informal and not as a substitute for a formal legal consultation. If you are seeking an individual consultation, please do so by emailing me at

  3. My colleagues give you good advice, but please keep in mind that certain high level background checks such as for Federal employment are likely to turn up even a sealed disorderly conduct.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.

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