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New York City Civil Service Job Disqualification

Bronx, NY |

NYC Department of Investigation criminal investigatory/history questionnaire asked: "Have you ever been convicted of an offense in any jurisdiction? You must include all offenses, including any offense involving driving while intoxicated or while ability is impaired (or the equivalent in other states)." It further explains that "offenses include felonies, misdemeanors, and violations..." However, the questionnaire is very confusing as it further states that you do not have to disclose any material sealed, expunged, or set aside under federal or state law, or any juvenile delinquent or youth offender adjudication..." I was once arrested for shoplifting and got convicted for violation, which was sealed under NYSPL 160.55. Do I have to disclose it even though it has been sealed.

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Attorney answers 3

Posted

You need not include that in your response as it was a sealed offense.

The advice I have given does not bind the parties in any manner and is merely given as a courtesy.

Asker

Posted

That was helpful, thank you very much.

Posted

Call annonymously and ask.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 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. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

Your question contains the answer. You do not need to disclise sealed material.

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