How long does a misdemeanor stay on your record?

Asked almost 3 years ago - Saratoga Springs, NY

My husband had me arrested for signing his name to a check in 2001.It was pleaded down to a misdemeanor because it was my first offense,and I had used the money for bills. My question is this:I am in the process of looking for another job. On many applications it asks if you have ever been arrested for a misdemeanor. When I applied for the job that I have now,they did a background check and I was told that nothing came up in Saratoga County(that is where I was arrested). in New York.I have been told that this stays on your record forever. Is this true,and if so, is there any way to get it off your record? I want to be truthful,but I also don't want this held against me when searching for a job.
Thank you for you time.

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . A criminal conviction such as a misdemeanor stays on your record forever in New York State. NY does not expunge convictions.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Theodore W. Robinson

    Contributor Level 20

    Answered . I agree with the first answer offered, your conviction for a Misdemeanor stays on your record forever in NY. However, you can make a Motion to expunge that record after a period of time has elapsed and it is discretionary with the judge as to whether your conviction can be expunged and/or sealed. Speak to a local attorney about it.

    Good luck.

    You may call our office at 516-248-6600 or send an email to us at Ted@Thelawteam.com. This answer does not form... more
  3. Richard C. Southard

    Contributor Level 19

    Answered . Aside from certain drug cases - there is no expungement provisions in New York. If you are uncertain what your criminal record shows or if you have one, you can certainly find out for a fee of $60.75

    This response is for general information purposes only and does not constitute the formation of an attorney-client... more
  4. Seth J. Bloom

    Pro

    Contributor Level 12

    Answered . Typically these things do stay on your record unless they are sealed or expunged. Sometimes background checks are not perfect so in this situation it sounds like it worked out.

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