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Is it possible to win an appeal against NYPD who did not hire me because of an undocketed arrest 12 years ago?

New York, NY |

I applied for a Police position, and during my background check I was told by my investigator that I was arrested in 2000. In 2000 I was taken to the police station in cuffs, I was 7 months pregnant and was told by the officer that I was not under arrest, I was just being held for questioning. After hours of being held at the police station, I was told I could leave and that my photo and finger prints would be destroyed. Young and pregnant I took their word and put the matter behind me. Now I have a degree in criminal justice and would like to pursue a career as a police officer. I was misinformed during that "arrest" and it is being held against me. NYPD violated me in 2000 and they are violating me now. I have a clean record and have never been in trouble.

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Attorney answers 4

Posted

The below answer is not actually accurate. There is an established appeals procedure for denial of a civil service position in New York City, including as an NYPD officer. We handle these appeals all the time.

Jay K Goldberg

Jay K Goldberg

Posted

Mr. Brill is, of course, correct that there is an appellate procedure. I did not mean to suggest otherwise; if I did, I would not have suggested that I could provide help. I merely meant to suggest that the failure to reveal arrests has, in my experience, been a reason for rejection that has been ruled valid.

Asker

Posted

Thank you Mr. Goldberg, and Mr. Brill for answering my question. To Mr. Brill, I did put on my application the details of this incident on the part that asked was I ever questioned my police, because that what I was told by the police, “you’re not under arrest we just need to ask you some questions”. On the same application I answered no, when asked if I was ever arrested. During my interview with my investigator she stated that this arrest came up. I explained to her what happened and that I did disclose this incident on my application because I had nothing to hide. I went to criminal court and was given a paper that stated “undocked arrest” “prosecution was declined.” I thought this would not be an issue for hiring since I was never charged, or convicted of any crime.

Peter E. Brill

Peter E. Brill

Posted

As part of the appeal process, you would be able to get more details about the basis of your disqualification. If the civil service commission upholds the disqualification, you also have a right to sue in New York Supreme Court, if you so choose. Peter E. Brill, Esq.

Posted

This is not really a criminal issue. Unfortunately the NYPD can reject you for any non-discriminatory reason. My guess is this was for a failure to reveal the arrest. If you contact my office on Monday, I might be able to help.

Posted

This isn't really a criminal defense question. If you weren't legally arrested the NYPD shouldn't be able to hold it against you even though they have a lot of discretion. You may want to reach out to an employment attorney and/pr repost this question in the employment section.

Posted

This is the wrong forum for this type of question.

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