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Will it show on a FINGERPRINT background check that my charge was reduced to disorderly conduct? it was over 2 years ago.

Miami, FL |

I just started a new job and part of the requirements are that I have to conduct a fingerprint bakcground check. I am EXTREMELY nervous, because I normally dont ever get into trouble, but I made some mistakes in the past. I am very afraid that something is going to show up, even though is seal, or even worst that if something shows up, that is shows the ORIGINAL CHARGE. I have been postposning it as much as possible, but it has been two weeks already since I started and I know my current boss from before through a mutual friend. Please help me! I need some answers.! I was arrested in NEW YORK, however now I live in Miami, Florida.

Attorney Answers 6

Posted

There is no way to know for sure. It is good that you have sealed your case, but that does not mean that it has been scrubbed from all of the various websites that collect and have this information on hand. You will most likely have to wait it out. and see what happens.

For more information or to set up a free initial consultation contact the Mangrum Law Firm at 407-349-7474 or MangrumLaw@gmail.com. This answer does not, nor is it intended to, create an attorney-client relationship. It is offered for informational purposes only. Please consult with a licensed attorney before making any legal decisions.

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Posted

My college is correct. Also you should ask your question to a New York Lawyer bc they will know the answer as to what exactly they were able to seal! If this was a NY case of course. Good luck!

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. 407-588-6714 bill@thelawman.net

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Posted

I suspect that it doesn't much matter where you were arrested, what you were arrested for, what the final disposition was or whether or not you sealed / expunged the record. This is 2013 and we are forehead deep into the internet age, where nothing is private, sacred or truly hidden from public scrutiny.

Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies and has no effect whatsoever on private (er, extortionist) enterprise, who compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access. Worse still, after you "buy back your information", then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle.

For better or for worse you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer rather than waiting for them to find out on their own.

I'm sorry to have to give you this advise and wish you luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

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Posted

The answer always is it depends. It depends on how thorough a search they will do. Sorry to be non-committal but that's the truth, especially in this digital age. My non-legal advice is that if this is really causing you distress consider having a conversation with your new boss. Unless you know it will be a problem, perhaps an honest conversation will go a long way to help you get some sleep and be a more productive employee.

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Posted

Yes, if it wasn't expunged it is very likely going to come up.

All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal advice. There is no attorney-client relationship formed as a result of this comment.

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Posted

Websites such as busted.com or mugshots.com have mugshots from years ago. There is a class action case against some of these sites in Ohio and there was talk in the legislature in Florida of banning these companies from forcing people to pay to remove the photos. But be warned, if you pay to remove the photos on one site, the same photo will often pop up on another site a few weeks or months later. I have been successful in writing demand letters to some of these companies and the photos were removed. Try a Google search of your name and mugshot and see what comes up. If you can find it, so can an employer.

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